Salt Lake City ? A federal judge on Tuesday denied a request from a Utah death row inmate seeking to postpone his execution while he pursues a civil rights lawsuit.

U.S. District Court Chief Judge Tena Campbell rejected the petition from Ronnie Lee Gardner — who is set to be executed by firing squad Friday — after determining it was unlikely his lawsuit would be successful.

“I simply cannot grant, on the evidence before me, the motion for a stay,” Campbell said.

Gardner’s attorney Andrew Parnes said he will appeal the decision to the U.S. 10th Circuit Court of Appeals in Denver.