CARSON CITY (AP) — The Nevada Supreme Court dismissed the argument over whether the state could use the drug midazolam to execute Scott Dozier.

The Nevada Appeal reports that drug maker Alvogen sued to stop the state from using its drug in the execution, but Dozier killed himself putting the case on hold.

Both sides argued it was important to set guidance for future executions.

The high court ruled Oct. 31 that the issue is not viable because Dozier is dead and there are no executions currently scheduled.

Court officials said execution warrants must be signed 60 days in advance and the drug the state has on hand is set to expire in January.

Officials say Alvogen could seek a new preliminary injunction if needed.