What would have been the first federal execution in 37 years, set for November 15, has been postponed.
Federal death-row inmate David Paul Hammer won a reprieve Wednesday when U.S. District Judge Malcolm Muir allowed him to file a post-conviction petition stating all legal claims that he has not previously waived.
If the petition is not filed by January 31, Hammer will be executed by lethal injection on February 21 at the federal penitentiary in Terre Haute, Indiana.
Muir's decision moves convicted Texas killer Juan Garza to the front of the line on federal death row.  Garza's execution is scheduled for December 12.
Hammer, 41, was convicted of murdering another inmate at the U.S. Penitentiary in Allenwood, Pennsylvania. He had been serving a life sentence for kidnapping, attempted murder, armed robbery and prison escape.
Hammer has changed his mind several times on whether he wants to be executed. This summer, Hammer successfully fought appeals filed on his behalf to prevent his execution, saying he wanted to die.
Last week, however, Hammer filed a clemency petition asking President Clinton to spare his life. That petition became moot recently when Hammer was granted permission to file a petition in federal district court.

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