WASHINGTON ( CNN ) -- An attorney for convicted Washington-area sniper John Allen Muhammad , who is scheduled to be executed November 10 , will seek clemency from Virginia Gov . Tim Kaine on October 22 . John Allen Muhammad listen to testimony from victims ' relatives during his 2004 sentencing . Jonathan Sheldon said he will also file an appeal to the U.S. Supreme Court on November 2 . He posted the dates Tuesday on his law firm 's Web site . During a three-week period in October 2002 , police say , Muhammad and young accomplice Lee Boyd Malvo shot 13 people , killing 10 . Malvo , who was 17 at the time , was convicted in one shooting and was sentenced to life in prison . Muhammad is to be executed for the murder of Dean Harold Meyers at a Manassas , Virginia , gas station . Meyers was killed by a single bullet , which became the signature of the two-person sniper team . Kaine told CNN affiliate WTOP Radio during its `` Ask the Governor '' program last month that he could n't imagine a circumstance under which he would grant clemency . `` I know of nothing in this case that would suggest that there is any credible claim of innocence or that there was anything procedurally wrong with the prosecution , '' Kaine said . Under Virginia law , condemned prisoners can choose to die by electric chair or by lethal injection . If the inmate does not state a preference , he or she is executed by lethal injection .
John Allen Muhammad is to be executed November 10 for a Virginia slaying . Police say Muhammad and an accomplice killed 10 people in October 2002 . The execution comes after the Supreme Court refused last month to stay his death sentence pending further appeals. Tim Kaine has said he could n't imagine a circumstance for clemency . On his firm 's Web site , attorney says he will appeal to the U.S. Supreme Court .