ALABAMA (WDHN)— The state has agreed to execute death row inmate, Alan Eugene Miller, by his preferred method of nitrogen hypoxia, per court records.

The court documents also state that due to the joint stipulation and agreement, the lawsuit filed against the Alabama Department of Corrections has been dismissed by both parties.

According to, the lawsuit came after Miller claimed the state lost his official form to change his form of execution to nitrogen hypoxia in 2018.

Nitrogen hypoxia is an approved, but untested, form of execution that causes the inmate to only breathe nitrogen, depriving them of needed oxygen for major bodily functions.

Miller was set to be executed by lethal Injection on September 22 after the state claimed it was not ready to use nitrogen hypoxia. It was called off due to the Alabama Department of Corrections workers not being able to find any veins before the death warrant expired at midnight, per

On November 21, Governor Kay Ivey released a statement requesting that all state executions be halted for the time being, and a full top-to-bottom review of the state’s execution process be performed. This request came not long after the execution of Kenneth Eugene Smith was called off