UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT ___________________ No: 17-1842 ___________________ Ledell Lee Plaintiff - Appellant v. Wendy Kelley, Director, Arkansas Department of Correction Defendant - Appellee ______________________________________________________________________________ Appeal from U.S. District Court for the Eastern District of Arkansas - Pine Bluff (5:01-cv-00377-DP) ______________________________________________________________________________ JUDGMENT Before BENTON, SHEPHERD and KELLY, Circuit Judges. Ledell Lee appeals the District Court's order of April 20, 2017 denying a motion to release evidence for DNA testing and for a stay of execution under McFarland v. Scott, 512 U.S. 849 (1994). The court has carefully reviewed the parties' pleadings in this court and the District Court record in 5:01-cv-0377-DPM. For the reasons stated in Judge D. Price Marshall's order of April 20, 2017, the district court's order is affirmed. Lee's motion for an emergency stay of execution has been considered by the court, and the motion is denied. The court's mandate shall issue forthwith. April 20, 2017 Order Entered at the Direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit. ____________________________________ /s/ Michael E. Gans Appellate Case: 17-1842 Page: 1 Date Filed: 04/20/2017 Entry ID: 4527043