Case: Nelson v. Campbell

U.S. Court of Appeals for the Eleventh Circuit

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

Supreme Court of the United States

U.S. Court of Appeals for the Eleventh Circuit

Dan Bell

Oyez Project

Staff Attorney Assigned: Torbert (cb) (Entered: 10/06/2003)

COMPLAINT for injunctive and declaratory relief (w/attachments 1 thru 6 attached) (djy) (Entered: 10/06/2003)

MOTION by David Larry Nelson to Proceed in Forma Pauperis referred to Judge Myron H. Thompson (djy) (Entered: 10/06/2003)

File referred to Judge Thompson. (djy) (Entered: 10/06/2003)

Tele-conference held before Judge Myron H. Thompson on 10-7-03; hearing on oral motions (djy) Modified on 10/07/2003 (Entered: 10/07/2003)

Courtroom Deputy's MINUTES of proceedings re: tele-conference held before Judge Thompson on 10/7/03 - hearing on oral motions (1) plaintiff's motions for preliminary injunction and temporary restraining order; (2) defendants' motion for change of venue and motion to dismiss (written motions to be filed by noon today, with any responses to motions due by 1:00 pm; ORAL ORDER directing court report to prepare and file transcript of proceeding forthwith; ORAL ORDER directing Clerk of Court to transmit a copy of the transcript to the Eleventh Circuit immediately upon filing. (Court reporter-Reisner) (djy) (Entered: 10/07/2003)

Court reporter Reisner's TRANSCRIPT filed for dates of October 7, 2003 in-chambers telephone conference re: motion for preliminary injunction, motion for temporary restraining order, motion for change of venue 7 motion to dismiss (djy) (Entered: 10/07/2003)

MOTION by Donal Campbell, Grantt Culliver to Change Venue to Southern District of Alabama referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

BRIEF by Donal Campbell, Grantt Culliver in support of [3-1] motion to Change Venue to Southern District of Alabama.Referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

MOTION by Donal Campbell, Grantt Culliver to Dismiss (w/attachments-Nelson letter, affidavit of Dr. Marc Sonnier, Affidavit of Grantt Culliver) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

NOTICE of providing information to the court by Donal Campbell, Grantt Culliver. Referred to Judge Thompson. (djy) (Entered: 10/07/2003)

MOTION by David Larry Nelson to Amend [1-1] complaint (proposed first amended complaint attached) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

SECOND NOTICE of providing information to the court by Donal Campbell, Grantt Culliver. Referred to Judge Thompson (dmn) (Entered: 10/07/2003)

ORDER granting [1-1] motion to Proceed in Forma Pauperis ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

ORDER granting [6-1] motion to Amend [1-1] complaint ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

FIRST AMENDED COMPLAINT by David Larry Nelson amending [1-1] complaint. Referred to Judge Thompson. (djy) (Entered: 10/07/2003)

REPLY (affidavit of Mark Heath attached) by David Larry Nelson to [4-1] motion to Dismiss by Grantt Culliver, Donal Campbell. Referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

MOTION by David Larry Nelson for production of documents (w/attachment) referred to Judge Myron H. Thompson (djy) (Entered: 10/07/2003)

MEMORANDUM OPINION (signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) (Entered: 10/07/2003)

JUDGMENT, in accordance with the memorandum opinion entered this date, the following is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the [4-1] motion to Dismiss filed 10/7/03 is granted; (2) plf Nelson's [1-1] complaint as [10-1] amended is dismissed without prejudice; further ORDERING that costs are taxed against plf Nelson, for which execution may issue ( signed by Judge Myron H. Thompson ), copies provided to counsel. (djy) Modified on 8/26/2004 - VACATED PER ORDER OF 8/26/04 - Doc.#32 (vmc, ). (Entered: 10/07/2003)

ORDER directing that plf Nelson's oral motion for temporary restraining order and preliminary injunction, made during the conference call held 10/7/03 is denied as moot ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

ORDER denying as moot [3-1] motion to Change Venue to Southern District of Alabama ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

ORDER denying [12-1] motion for production of documents ( signed by Judge Myron H. Thompson ) , copies provided to counsel. (djy) (Entered: 10/07/2003)

Case closed (djy) (Entered: 10/07/2003)

NOTICE OF APPEAL (construed as containing a M/IFP) to the United States Court of Appeals, Eleventh Circuit by David Larry Nelson from the final Opinion and Judgment of the District Court,, including all subsidiary and procedural issues and orders related thereto, which final Opinion and Judgment was entered in this action on the 7th day of October. Copies Provided by fax (kcg) (Entered: 10/08/2003)

ORDER granting [18-1] motion to Proceed on Appeal in Forma Pauperis ( signed by Judge Myron H. Thompson ) , copies provided by fax. (kcg) (Entered: 10/08/2003)

Notice of Appeal and certified copy of docket to USCA: [18-1] appeal by David Larry Nelson (kcg) (Entered: 10/08/2003)

PER CURIAM OPINION of the United States Court of Appeals, Eleventh Circuit that the district court's judgment dismissing Nelson's complaint is affirmed. Nelson's motion to enjoin dfts from executing him is denied. The judgment of the district court is AFFIRMED, and Nelson's motion for stay of execution is DENIED. Before: ANDERSON, HULL and WILSON, Circuit Judges (kcg) (Entered: 10/09/2003)

ORDER of the United States Court of Appeals, Eleventh Circuit that the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED. The en banc process having been completed, the pending motion to stay the execution during en banc consideration is DENIED as moot. J.L. Edmondson, Chief Judge (kcg) (Entered: 10/09/2003)

USCA Case Number Re: USCA NUMBER: 03-15095-P (kcg) (Entered: 10/10/2003)

MOTION by David Larry Nelson for transcript at no cost to the Plaintiff ; referred to Judge Myron H. Thompson (dmn) (Entered: 10/14/2003)

ORDER granting [22-1] motion for transcript; the clerk of the court is DIRECTED to arrange for the preparation of the transcript ( signed by Judge Myron H. Thompson ); copies provided to counsel; furnished to CT and DH. (dmn) (Entered: 10/14/2003)

MOTION by David Larry Nelson for H. VICTORIA SMITH to appear Pro Hac Vice; FILING FEE $20.00, RECEIPT #99855 ; referred to Judge Myron H. Thompson (dmn) (Entered: 11/07/2003)

MOTION by David Larry Nelson for MICHAEL KENNEDY MCINTYRE to Appear Pro Hac Vice, FILING FEE $20.00, RECEIPT #99855 ; referred to Judge Myron H. Thompson (dmn) (Entered: 11/07/2003)

ORDER granting [25-1] motion for MICHAEL KENNEDY MCINTYRE to Appear Pro Hac Vice and granting [24-1] motion for H. VICTORIA SMITH to appear Pro Hac Vice ( signed by Judge Myron H. Thompson ); copies provided to counsel. (dmn) (Entered: 11/12/2003)

REQUEST for Record On Appeal from USCA at the request of the Clerk of the Supreme Court of the United States please promptly forward the record in the referenced case directly to the Clerk of the Supreme Court re:[18-1] appeal by David Nelson (03-15095-P) (ydw) Modified on 01/28/2004 (Entered: 01/28/2004)

Certified and transmitted Original Papers to Supreme Court of United States: (ydw) Modified on 01/28/2004 (Entered: 01/28/2004)

ACKNOWLEDGEMENT of RECEIPT of RECORD ON APPEAL from USCA Re: USCA Number: 03-15095-P [18-1 appeal] (ydw) (Entered: 02/10/2004)

Original Papers (1 volume) Received from USCA re: 03-15095-P, 18 Notice of Appeal. There is no pdf document with this entry (ydw, ) (Entered: 07/26/2004)

Received copy of USCA Per Curiam re: 03-15095, 18 Appeal, on REMAND FROM THE SUPREME COURT OF THE UNITED STATES that Nelson filed a complaint in the district court. The district court dismissed the complaint for lack of jurisdiction. We affirmed. Nelson v. Campbell, 347F.3d910(11th Cir.2003). The Supreme Court granted certiorari, 540 U.S.1046,124S.Ct.835(2003). Later, the Supreme Court reversed and remanded for further proceedings consistent with its opinion. 541 U.S.___,124 S.Ct.2117 (May 24, 2004). Accordingly, the judgment of the district court is reversed and the case is remanded to the district court for proceedings consistent with the opinion of the Supreme Court. REVERSED and REMANDED. Before ANDERSON, HULL and WILSON, Circuit Judges. (ydw, ) (Entered: 07/26/2004)

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Conference held on 8/6/2004. (Court Reporter Mitchell Reisner.) (vmc, ) (Entered: 08/06/2004)

ORDER that another Telephone Conference will be held in this case on 8/18/2004 at 08:30 AM before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 8/6/04. (furn: yg hc sc)(vmc, ) (Entered: 08/06/2004)

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 8/18/2004. (Court Reporter Dee Coker) (vmc, ) (Entered: 08/30/2004)

ORDER that another conference is set for 10/6/2004, at 08:30 AM before Honorable Myron H. Thompson; Respondents are to make arrangements for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 8/23/04. (furn: yg hc sc)(vmc, ) (Entered: 08/23/2004)

Per Curiam Opinion received from USCA Eleventh Circuit of Opinion Entered on July 20, 2004. REVERSED and REMANDED (ydw, ) (Entered: 08/23/2004)

USCA JUDGMENT issued as MANDATE OF USCA as to 03-15095-p, 18 Notice of Appeal, filed by David Larry Nelso. Judgment of the district court is REVERSED and REMANDED. (ydw, ) (Entered: 08/23/2004)

ORDER, Judgment, and Decree of the court that the final jugment of this court made and entered on 10/7/03 (Doc. no. 14) is vacated. Signed by Judge Myron H. Thompson on 8/26/04. (vmc, ) (Entered: 08/26/2004)

Case reopened - See Order of 8/26/04 - Doc. #32 (No PDF attached to this document entry)(vmc, ) (Entered: 08/26/2004)

NOTICE by Donal Campbell Notice of Withdrawal (Billingsley, Michael) (Entered: 09/22/2004)

Order treating the notice of withdrawal (Doc. #35) as a motion to withdraw attorney; Granting Motion to withdraw Michael D. Billingsley. Signed by Myron H. Thompson(vmc, ) Modified on 9/24/2004 - to correct docket text (vmc, ). Modified on 9/24/2004 to correct file date to 9/24/04 (vmc, ). (Entered: 09/24/2004)

NOTICE of Docket Text Correction re 36 Order & MOTION to Withdraw as Attorney - Modified on 9/24/2004 - to correct docket text (vmc, ). (No PDF attached)(vmc, ) (Entered: 09/24/2004)

NOTICE of Docket Text Correction re 36 Order & MOTION to Withdraw as Attorney - to correct file date of order is 9/24/04. (No PDF attached)(vmc, ) (Entered: 09/24/2004)

*** Attorney Michael B. Billingsley terminated per Order of 9/24/04 Doc. #36. (No PDF attached) (vmc, ) (Entered: 09/24/2004)

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 10/6/2004. (Court Reporter Mitchell Reisner.) (vmc, ) (Entered: 10/06/2004)

Letter from Plaintiff's counsel re: Physician's report and state's protocol for execution. (vmc, ) (Entered: 10/06/2004)

ORDER as follows: Defendants shall not use the "cut-down" procedure on plaintiff; Defendants shall use only one of the following procedures on plaintiff: the peripheral-venous-access procedure, and, if that procedure is not feasible, then the percutaneous-central-venous-access procedure as further set out in order; Status Conference set for 10/20/2004 08:30 AM by telephone before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 10/7/04. (furn: yg hc sc)(vmc, ) (Entered: 10/07/2004)

ORDER Pursuant to the order entered on 10/7/04 (Doc. No. 39), it is Ordered that Honorable David Boyd, 2 Dexter Avenue, Montgomery, AL, 36101, is appointed to assist the court in finding a medical expert for the court; Mr. Boyd, after conferring with counsel for the parties, shall set up a conference call with the court and counsel to discuss how he will proceed; The clerk of the court shall assist Mr. Boyd in obtaining a copy of the file in this case. Signed by Judge Myron H. Thompson on 10/15/04. (vmc, ) (Entered: 10/15/2004)

ORDER that the status conference set for today, 10/20/04, is canceled as further set out in order. Signed by Judge Myron H. Thompson on 10/20/04. (vmc, ) (Entered: 10/20/2004)

MOTION to Dismiss by Donal Campbell, Grantt Culliver. (Crenshaw, James) (Entered: 10/29/2004)

ORDER as follows: 1) Defendants' motion to dismiss is treated as a motion for summary judgment; 2)Motion Submission Deadline set for 11/19/2004; 3) Brief due by 11/19/2004. Signed by Judge Myron H. Thompson on 11/2/04. (vmc, ) (Entered: 11/02/2004)

Proposed MOTION for Disbursement of Funds for Transcripts by David Larry Nelson. (McIntyre, Michael) (Entered: 11/08/2004)

ORDER granting 44 Motion for Disbursement of Funds for transcripts; The clerk of the court is directed to make arrangements to pay for the transcripts . Signed by Judge Myron H. Thompson on 11/12/04. (vmc, ) (Entered: 11/12/2004)

TRANSCRIPT of Proceedings - In-Chambers Status Conference held on 10/6/04 before Judge Myron H. Thompson. Court Reporter: Mitchell P. Reisner. (vmc, ) (Entered: 11/15/2004)

TRANSCRIPT of Proceedings of In-Chambers Status Conference held on 8/6/04 before Judge Myron H. Thompson. Court Reporter: Mitchell P. Reisner. (vmc, ) (Entered: 11/16/2004)

TRANSCRIPT of Proceedings of telephone conference held on 8/18/04 before Judge Myron H. Thompson. Court Reporter: Dee Coker. (vmc, ) (Entered: 11/17/2004)

MOTION for Extension of Time to File Response/Reply by David Larry Nelson. (McIntyre, Michael) (Entered: 11/18/2004)

ORDER that special master David Boyd is to arrange for an on-the-record status meeting, by Telephone Conference call set for 3/3/2005, 08:30 AM before Honorable Myron H. Thompson; The court would like to discuss where matters are in this case. Signed by Judge Myron H. Thompson on 2/28/05. (furn: yg hc sc)(vmc, ) (Entered: 02/28/2005)

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Status Conference held on 3/3/2005. (Court Reporter Reisner.) (vmc, ) (Entered: 03/04/2005)

ORDER that Special Master David Boyd is to file his report on or before 3/17/05. Signed by Judge Myron H. Thompson on 3/7/05. (vmc, ) (Entered: 03/07/2005)

NOTICE by David Boyd of Report on Independent Medical Expert (Attachments: # 1)(Boyd, David) (Entered: 03/17/2005)

MOTION Defendants' Request for Ruling on Summary Judgment Motion by Donal Campbell. (Crenshaw, James) (Entered: 03/18/2005)

ORDER directing counsel for the defs to organize a Telephone Conference call set for 3/24/2005 10:00 AM before Honorable Myron H. Thompson to address issues, as further set out in order. Signed by Judge Myron H. Thompson on 3/22/05. Furnished to YG, HC & SC(djy, ) (Entered: 03/22/2005)

MOTION TO BE EXCUSED FROM CONFERENCE OR TO RESCHEDULE by David Boyd. (Boyd, David) (Entered: 03/29/2005)

ORDER resetting Telephone Conference from 4/7/05 to 4/12/2005 08:30 AM by telephone before Honorable Myron H. Thompson; Counsel for defendants are to arrange for the hearing to be conducted by telephone; Denying as moot 54 MOTION TO BE EXCUSED FROM CONFERENCE OR TO RESCHEDULE filed by David Boyd,. Signed by Judge Myron H. Thompson on 4/5/05. (furn: yg hc sc)(vmc, ) (Entered: 04/05/2005)

Proposed MOTION for Disbursement of Funds for Transcripts by David Larry Nelson. (McIntyre, Michael) (Entered: 04/12/2005)

Minute Entry for proceedings held before Judge Myron H. Thompson : Telephone Conference held on 4/12/2005. (Court Reporter Reisner.) (vmc, ) (Entered: 04/13/2005)

TRANSCRIPT of Proceedings of In-Chambers Telephone Status Conference held on 4/12/05 before Judge Myron H. Thompson. Court Reporter: Reisner. (vmc, ) (Entered: 04/14/2005)

ORDER granting 56 Motion for Transcript; The clerk of the court is directed to take appropriate arrangements for providing the transcript to counsel for plaintiff at no costs . Signed by Judge Myron H. Thompson on 4/14/05. (vmc, ) (Entered: 04/14/2005)

Transcript referenced in doc.58 was mailed to counsel for plaintiff. (No PDF attached to this docket entry)(vmc, ) (Entered: 04/15/2005)

RESPONSE to Motion re 42 MOTION to Dismiss filed by David Larry Nelson. (McIntyre, Michael) (Entered: 04/22/2005)

Second AMENDED COMPLAINT for Injunctive and Declaratory Relief (Second) against all defendants, filed by David Larry Nelson. (Attachments: # 1)(McIntyre, Michael) Modified on 4/25/2005 - to correct text to read Second Amended Complaint for Injunctive and Declaratory Relief; instead of Amended Complaint(vmc, ). (Entered: 04/22/2005)

NOTICE of Docket Text Correction re 60 Amended Complaint - Modified on 4/25/2005 - to correct text to read Second Amended Complaint for Injunctive and Declaratory Relief; instead of Amended Complaint(vmc, )., (No PDF attached to this notice)(vmc, ) (Entered: 04/25/2005)

NOTICE by David Boyd of Report of Special Master Regarding Absence of Conflict of Proposed Medical Expert (Boyd, David) (Entered: 04/25/2005)

NOTICE by David Boyd of Report Regarding Proposed Medical Expert's Request to be Removed From Consideration (Boyd, David) (Entered: 04/27/2005)

ORDER re 63 MOTION to Dismiss Second Amended Complaint filed by Donal Campbell, Motion Submission Deadline set for 5/23/2005, with all briefs due by said date. Signed by Judge Myron H. Thompson on 5/5/05. (vmc, ) (Entered: 05/05/2005)

NOTICE of Docket Text Correction re 63 MOTION to Dismiss Second Amended Complaint - Create relationship to doc. 60 - second amended complaint (No PDF attached to this notice)(vmc, ) (Entered: 05/12/2005)

RESPONSE to Motion re 63 MOTION to Dismiss Second Amended Complaint filed by David Larry Nelson. (McIntyre, Michael) (Entered: 05/23/2005)

NOTICE by David Boyd of Report of Special Master on Medical Expert (Attachments: # 1 Exhibit A; # 2 Exhibit B; # 3 Exhibit C)(Boyd, David) Modified on 6/17/2005 to identify exhibits (cc, ). (Entered: 06/16/2005)

ORDER denying as moot 46 Motion for Extension of Time to File Response. Signed by Judge Myron H. Thompson on 9/30/05. (ajr, ) (Entered: 09/30/2005)

ORDER Setting on-the-record Status Conference for 6/7/2006 08:30 AM by telephone before Honorable Myron H. Thompson as further set out. Signed by Judge Myron H. Thompson on 5/23/06. (furn: yg hc sc ag)(vma, ) (Entered: 05/23/2006)

Minute Entry for on-the-record Telephone STATUS CONFERENCE held before Judge Myron H. Thompson on 6/7/2006. (Court Reporter Mitchell Reisner.) (snc) (Entered: 06/07/2006)

MOTION for Disbursement of Funds for Transcript by David Larry Nelson. (McIntyre, Michael) (Entered: 06/08/2006)

ORDER granting 70 Motion for Transcript. The clerk of the court is directed to make appropriate arrangements for providing the transcript to counsel for plaintiff at no costs . Signed by Judge Myron H. Thompson on 6/13/06. (vma, ) (Entered: 06/13/2006)

ORDER It is Ordered that the party is to file a brief by no later than 6/19/06, indicating (1) the issue and (2) the impact of Hill on the issue. Signed by Judge Myron H. Thompson on 6/13/06. (vma, ) (Entered: 06/13/2006)

ORDER It is Ordered as follows: 1) The report of the special master on medical expert doc. 66 is accepted; 2) Warren Bagley, M.D., is designated as the court's independent medical expert; 3) The court understands the special master to suggest that the instructions to Dr. Bagley should differ, at least, inpart, from those outlined earlier, on 3/22/05 doc. 52, for court court expert; The special master is, therefore, to confer with counsel for all parties and, by no later than 6/28/06, is to submit to the court a proposal as to what specific instructions Dr. Bagley should receive as further set out; 4) Setting an on-the-record Status Conference for 6/29/2006 08:30 AM by telephone before Honorable Myron H. Thompson as further set out in order. Signed by Judge Myron H. Thompson on 6/15/06. (furn: yg hc sc ag)(vma, ) (Entered: 06/15/2006)

BRIEF/MEMORANDUM in Support REGARDING THE DECISION IN HILL V. MCDONOUGH, _____ S.CT. ______, 2006 WL 1584710 (JUNE 12, 2006) filed by David Larry Nelson. (McIntyre, Michael) Modified on 6/20/2006 - to create relationship to doc. 72 order (vma, ). (Entered: 06/19/2006)

NOTICE of Docket Text Correction re 74 BRIEF/MEMORANDUM in Support, - Modified on 6/20/2006 - to create relationship to doc. 72 order (No PDF attached to this notice)(vma, ) (Entered: 06/20/2006)

MOTION to Continue Status Conference by Richard F. Allen. (Crenshaw, James) (Entered: 06/20/2006)

ORDER granting 75 MOTION to Continue Status Conference filed by Richard F. Allen; Resetting on-the-record Status Conference from 6/29/06 to 7/6/2006 08:30 AM by telephone before Honorable Myron H. Thompson. Signed by Judge Myron H. Thompson on 6/22/06. (furn: yg hc sc ag)(vma, ) (Entered: 06/22/2006)

MOTION to Continue Status Conference by Richard F. Allen. (Crenshaw, James) (Entered: 06/23/2006)