ATLANTA (AP) — A federal judge has dismissed a lawsuit filed by lawyers for a Georgia death row inmate seeking to halt his execution.

Fifty-nine-year-old Marcus Wellons’ execution by injection is set for Tuesday evening.

The lawsuit said the state was violating his civil rights and violating the U.S. Constitution by not disclosing the provider and true nature of the drugs that will be used. A federal judge in Atlanta on Monday rejected those arguments.

Wellons was convicted in 1993 of raping and murdering his 15-year-old neighbor, India Roberts, a high school sophomore in the Atlanta suburbs.

The Georgia Board of Pardons and Paroles on Monday denied clemency for Wellons. Several relatives spoke on his behalf.

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