A federal judge has rejected a plea from an Alabama Death Row inmate, setting him up to be executed by nitrogen gas later this month for his conviction for a harrowing 1993 kidnapping and murder.

Chief U.S. District Judge Emily Marks on Thursday morning denied Anthony Boyd’s request for a stay of execution. He’s set to die on the evening of Oct. 23 by breathing in pure nitrogen through a gas mask.

Boyd, 53, had argued that the state’s way of carrying out nitrogen executions was unconstitutionally cruel and that his asthma and vertigo could present complications with the method and leave him severely wounded but alive.

He had proposed several other methods of execution, including by hanging, firing squad, and medical-aid-in-dying.

“The Court does not doubt that a person consciousl

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