The opinion
ED CARNES, Chief Judge,
concurring:
I concur in the result the Court reaches, which is to affirm the district court’s denial of the motion for appointment, after the fact, of attorney Terri L. Backhus to represent Chadwick Banks in his 42 U.S.C. § 1983 lawsuit and related application for stay of execution. And I agree that the reason it was proper to deny that motion is that the § 1983 lawsuit was futile. We need say nothing more. All else is dicta.