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Attorney Robert Nigh explains McVeigh's decision not to appeal to the Supreme Court

DENVER, Colorado (CNN) -- Oklahoma City bomber Timothy McVeigh won't ask the U.S. Supreme Court for a stay of execution after an appeals court rejected his plea Thursday.

The 10th Circuit Court of Appeals backed a Wednesday order that denied defense requests to postpone McVeigh's execution, now set for Monday.

"Mr. McVeigh does not want to proceed any further in legal actions in order to stop his execution," defense attorney Rob Nigh said. "He had prepared himself to die prior to the initial execution date of May 16, and he now again wants to make the final preparations necessary to be ready to die on Monday."

McVeigh is scheduled to die by lethal injection at 7 a.m. (8 a.m. EDT) Monday for the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. The blast killed 168 people, including 19 children, and injured hundreds more.

VIDEO CNN Legal Analyst Roger Cossack explains how government prosecutor Sean Connelly won the ruling (June 6) Play video (QuickTime, Real or Windows Media)  IN-DEPTH • Execution of Timothy McVeigh • Oklahoma City Bombing  MESSAGE BOARD McVeigh execution  ON THE SCENE Roger Cossack: McVeigh's legal options  DOCUMENTS Read documents in the McVeigh case (FindLaw) (PDF)  • U.S. Court of Appeals denies McVeigh's stay request, June 7  • Transcript of the McVeigh stay hearing, June 6  • Emergency application for stay of execution  • McVeigh brief  • Denial of McVeigh's petition for stay  • Motion to file supplemental letter under seal  • Order granting motion to file letter  • McVeigh's reply to U.S. brief opposing stay  • McVeigh's petition for stay  • U.S. brief opposing stay of execution  • Order setting time to respond  • Supplement to petition for stay  • McVeigh's response to motion to clarify Documents in PDF format require Adobe Acrobat Reader for viewing.  ALSO • Reaction to judge's denial of stay for McVeigh • U.S., Japan urged to end executions   LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

Wednesday, U.S. District Judge Richard Matsch said defense lawyers failed to prove that more than 4,400 pages of new FBI documents contained anything that called into question McVeigh's guilt.

Matsch rejected claims that the government had committed a "fraud upon the court" by failing to disclose those documents at the trial, and ruled that assertions that others may have been involved in the bombing did nothing to mitigate McVeigh's role.

In a seven-page ruling Thursday afternoon, the 10th Circuit said McVeigh "utterly failed" to show the court why Matsch's ruling should be overturned.

McVeigh's lawyers wanted more time to review the FBI documents for information they felt could have helped in his defense during the 1997 trial. They challenged Matsch's ruling, arguing the documents could have proved McVeigh played a lesser role in the bombing and that others may have masterminded the attack.

That could have persuaded the jury to sentence him to life in prison instead of death, his lawyers argued.

McVeigh's execution had been scheduled for last month, but was delayed until by Attorney General John Ashcroft after the FBI revealed it had failed to turn over the documents.

Jeralyn Merrit, a former McVeigh defense attorney, said the bomber's "best chance" for a delay had rested with Matsch.

"I don't expect that the 10th Circuit is going to change Judge Matsch's decision; however, I am hopeful that the U.S. Supreme Court will grant a stay."

Paul Howell, the father of one victim killed in the blast, said he hoped the delays would end soon.

"The only way to shut this man up and for us to get any kind of peace of mind is to actually give him the execution," he said.