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MONTGOMERY, Ala. (AP) — A federal judge has denied an Alabama death row inmate’s emergency motion for a stay of execution.

Chief U.S. District Judge William Keith Watkins issued an order denying Christopher Brooks’ request Tuesday.

Brooks is scheduled to be put to death Jan. 21 for the rape and bludgeoning death of Deann Campbell more than 20 years ago. The execution would be Alabama’s first in more than two years.

Brooks has argued the execution should not be carried out until a court decides the constitutionality of the state’s new lethal injection drug combination.

The Alabama Supreme Court last week refused to stop Brooks’ execution in a 9-0 decision. The state attorney general’s office has also argued that Brooks is using the lethal injection challenge as a last-minute ploy to avoid execution.