Prison officials are asking the state Supreme Court to overrule a judge's final-hours delay of Nevada's first execution in 12 years over a drug company's bid to block the use of its product.
Court spokesman Michael Sommermeyer says the appeal was submitted Wednesday.
It comes two weeks after twice-convicted killer Scott Raymond Dozier's lethal injection was postponed for a second time.
Prisons spokeswoman Brooke Santina says she had no immediate information about the filing.
Dozier says he wants to die, but the state has twice been blocked from using a never-tried combination of three drugs that it adopted after struggling to obtain lethal injection supplies.
New Jersey-based Alvogen alleges Nevada prison officials illegally obtained its sedative midazolam.
Nevada also plans to use the powerful synthetic opioid fentanyl and a muscle paralytic called cisatracurium.