SAN QUENTIN, CA - MARCH 13: In this handout photo provided by California Department of Corrections and Rehabilitation, San Quentin's death lethal injection facility is shown before being dismantled at San Quentin State Prison on March 13, 2019 in San Quentin, California. California Governor Gavin Newsom announced today a moratorium on California's death penalty. California has 737 people on death row, the largest death row population in the United States. (Photo by California Department of Corrections and Rehabilitation via Getty Images)

LAS VEGAS (AP) — A U.S. judge declined to either decide or dismiss a condemned Nevada killer’s lawsuit challenging the constitutionality of the state plan for what would be its first lethal injection in over 16 years. Judge Richard Boulware on Monday left open Zane Floyd’s case and set an Oct. 11 date for attorneys on both sides to return to court in Las Vegas. The judge says he might close the matter before then, since state prison officials testified that they don’t currently have the drugs they would need for an execution. The key question remains whether the state’s never-before-used combination of drugs would cause Floyd so much pain that it would amount to cruel and inhumane punishment.