Case: Hamilton v. Jones

5:06-cv-01193 | U.S. District Court for the Western District of Oklahoma

Filed Date: Oct. 27, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On October 27, 2006, Corey Duane Hamilton, a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Hamilton complained to the Court that the specific lethal injection method used by the defendants would allow him to experience an unconstitutionally high level of pain. Specifically, he objected to the use of a short-a…

On October 27, 2006, Corey Duane Hamilton, a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Hamilton complained to the Court that the specific lethal injection method used by the defendants would allow him to experience an unconstitutionally high level of pain. Specifically, he objected to the use of a short-acting anesthetic, which he claimed would wear off before the process was complete, leaving him in excrutiating pain from the injection of potassium chloride. He also complained that the use of a paralytic agent during the process would render him unable to alert the executioners that the anesthetic had worn off, trapping him in a paralyzed body, racked with pain, but unable to cry out. He asked the Court to enjoin the defendants from using this protocol and to declare that it was unconstitutional.

On December 28, 2006, the District Court (Judge Stephen P. Friot) denied Hamilton's request for an injunction, without writing an opinion as to why. Hamilton appealed this decision, and on January 4, 2007, the U.S. Court of Appeals for the Tenth Circuit (Judges Deanell Reece Tacha, Terrence L. O'Brien, and Timothy M. Tymkovich) affirmed the District Court's decision without writing an opinion. Hamilton asked for Supreme Court review, and on January 8, 2007, the U.S. Supreme Court denied the petition for certiorari.

On January 10, 2007, Corey Duane Hamilton was executed by lethal injection, and the next day, the District Court marked this case closed.

Summary Authors

Kristen Sagar (9/11/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4364605/parties/hamilton-v-jones/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Friot, Stephen P. (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Tacha, Deanell Reece (Kansas)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Nigh, Robert Jr. (Oklahoma)

Attorneys(s) for Defendant

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Friot, Stephen P. (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Tacha, Deanell Reece (Kansas)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Nigh, Robert Jr. (Oklahoma)

Attorneys(s) for Defendant

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Documents in the Clearinghouse

Document

5:06-cv-01193

Docket [PACER]

Jan. 29, 2007

Jan. 29, 2007

Docket
1

5:06-cv-01193

Complaint

Oct. 27, 2006

Oct. 27, 2006

Complaint
25

5:06-cv-01193

Answer [to Complaint]

Dec. 4, 2006

Dec. 4, 2006

Pleading / Motion / Brief
44

5:06-cv-01193

Order Denying Preliminary Injunction

Dec. 28, 2006

Dec. 28, 2006

Order/Opinion
52

5:06-cv-01193

06-08661

Certiorari Denied (Supreme Court)

Supreme Court of the United States

549 U.S. 1158

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion
53

5:06-cv-01193

Administrative Closing Order

Jan. 10, 2007

Jan. 10, 2007

Order/Opinion
55

5:06-cv-01193

06-06381

Judgment

U. S. Court of Appeals for the Tenth Circuit

472 F.3d 814

Jan. 29, 2007

Jan. 29, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4364605/hamilton-v-jones/

Last updated Aug. 7, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Ted Logan, Beverly Young, Ernest Godlove, John Doe, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware and David C Henneke, filed by Corey Duane Hamilton. (Attachments: # 1 Exhibit 1-Grievance Response# 2 Exhibit 2-Procedures# 3 Civil Cover Sheet)(nm, ) (Entered: 10/27/2006)

1 Exhibit 1-Grievance Response

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2 Exhibit 2-Procedures

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3 Civil Cover Sheet

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Oct. 27, 2006

Oct. 27, 2006

PACER
2

MOTION for Leave to Proceed in forma pauperis by Corey Duane Hamilton. (nm, ) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
3

ENTRY of Appearance by Robert Nigh, Jr on behalf of Corey Duane Hamilton (Nigh, Robert) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
4

MOTION to Consolidate Cases by Corey Duane Hamilton. (Nigh, Robert) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
5

MOTION for Order by Corey Duane Hamilton. (Nigh, Robert) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
6

ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. Friot for all further proceedings. Judge Ralph G. Thompson no longer assigned to case. Signed by MBailey at the direction of Judge Ralph G. Thompson on 10/27/2006. (mb, ) (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
7

PRAECIPE for 9 by Corey Duane Hamilton. (Nigh, Robert) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
8

SUPPLEMENTAL MOTION for Leave to Appeal in forma pauperis by Corey Duane Hamilton. (Nigh, Robert) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
9

SUPPLEMENTAL MOTION for Leave to Proceed in forma pauperis by Corey Duane Hamilton. (Nigh, Robert) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
10

ORDER granting 2 Motion for Leave to Proceed in forma pauperis, AS MORE FULLY SET OUT. Signed by Judge Stephen P. Friot on 11/8/06. (llg) Modified on 11/8/2006 (llg). (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

RECAP
11

AMENDED ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by Corey Duane Hamilton, AS MORE FULLY SET OUT. Signed by Judge Stephen P. Friot on 11/8/06. (llg) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

RECAP
12

ENTER ORDER striking 4 plf's Motion for Consolidation of Cases, without prejudice to re-urging after all dfts which plf intends to serve have been served. Entered at the direction of Judge Stephen P. Friot on 11/8/06. (llg) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
13

SUMMONS Returned Executed by Corey Duane Hamilton. Beverly Young served on 11/13/2006. (Nigh, Robert) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
14

SUMMONS Returned Executed by Corey Duane Hamilton. Earnest D Ware served on 11/13/2006. (Nigh, Robert) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
15

SUMMONS Returned Executed by Corey Duane Hamilton. Justin Jones served on 11/13/2006. (Nigh, Robert) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

PACER
16

SUMMONS Returned Executed by Corey Duane Hamilton. Ernest Godlove served on 11/15/2006. (Nigh, Robert) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
17

SUMMONS Returned Executed by Corey Duane Hamilton. W Mark Luttrull served on 11/15/2006. (Nigh, Robert) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
18

SUMMONS Returned Executed by Corey Duane Hamilton. Marty Sirmons served on 11/14/2006. (Nigh, Robert) (Entered: 11/17/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
19

SUMMONS Returned Executed by Corey Duane Hamilton. David C Henneke served on 11/15/2006. (Nigh, Robert) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
20

PRAECIPE for 1 by Corey Duane Hamilton. (Nigh, Robert) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
21

Receipt for Money Received from Brewster & De Angelis PLLC in the amount of $350.00, Receipt #119375. (lb) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

PACER
22

SUMMONS Returned Executed by Corey Duane Hamilton. Robert L Rainey served on 11/22/2006. (Nigh, Robert) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

PACER
23

SUMMONS Returned Executed by Corey Duane Hamilton. Ted Logan served on 11/27/2006. (Nigh, Robert) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
24

ENTRY of Appearance by Richard N Mann on behalf of Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke (Mann, Richard) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
25

ANSWER to Complaint with Jury Demand by Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke.(Mann, Richard) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
26

ENTER ORDER. Status Report due by 1/2/2007. Scheduling Conference set for 1/4/2007 10:45 AM in Chambers before Honorable Stephen P. Friot. Entered at the direction of Judge Stephen P. Friot on 12/5/06. (llg) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
27

MOTION to Expedite Discovery and Production of Documents by Corey Duane Hamilton. (Attachments: # 1 Exhibit Plaintiff's Request for Production of Documents to Defendants, Justin Jones and Marty Sirmons)(Nigh, Robert) (Entered: 12/14/2006)

1 Exhibit Plaintiff's Request for Production of Documents to Defendants, Just

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Dec. 14, 2006

Dec. 14, 2006

PACER
28

NOTICE to Take Deposition of Justin Jones and Marty Sirmons by Corey Duane Hamilton. (Nigh, Robert) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
29

MOTION for Preliminary Injunction with Brief in Support by Corey Duane Hamilton. (Nigh, Robert) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
30

ORDER re 27 Plaintiff's MOTION to Expedite Discovery and Production of Documents: Any objection by dfts due by 12/15/2006 03:30 PM. If no objection filed, mtn will be deemed automatically granted. If objection is filed, this matter will be heard 12/18/2006 08:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 12/14/06. (llg) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
31

ORDER Setting Hearing on 29 MOTION for Preliminary Injunction with Brief in Support: Motion Hearing set for 12/27/2006 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 12/15/06. (llg) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
32

SUPPLEMENT re 29 MOTION for Preliminary Injunction with Brief in Support by Corey Duane Hamilton. (Attachments: # 1 Exhibit Tulsa World Article 12/15/06 re: Diaz execution# 2 Exhibit USA Today 12/14/06 re: Diaz execution# 3 Exhibit Declaration of David Lubarsky, M.D.# 4 Exhibit Lancet Medical Journal April 2005 re: lethal injection executions)(Nigh, Robert) (Entered: 12/15/2006)

1 Exhibit Tulsa World Article 12/15/06 re: Diaz execution

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2 Exhibit USA Today 12/14/06 re: Diaz execution

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3 Exhibit Declaration of David Lubarsky, M.D.

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4 Exhibit Lancet Medical Journal April 2005 re: lethal injection executions

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Dec. 15, 2006

Dec. 15, 2006

PACER
33

RESPONSE to Motion re 27 MOTION to Expedite Discovery and Production of Documents filed by Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke. (Mann, Richard) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
34

Minute Order. Proceedings held before Judge Stephen P. Friot. Motion Hearing held on 12/18/2006. 27 MOTION to Expedite Discovery and Production of Documents filed by Corey Duane Hamilton is GRANTED, as set forth. Plf's mtn for examination & photographing of execution chamber is GRANTED. Counsel for plf shall be allowed to examine & photograph the execution chamber by 12/22/06. Production of docs & photographing of execution chamber shall take place pursuant to a protective order, which shall be reduced to writing & shall prohibit the use of the docs for any purpose other than the merits of this case. Production of docs shall take place by 12/22/06. If it is not possible to produce all docs by 12/22/06, the remaining discovery matters will be addressed at an on-the-record conf w/ct at 4:00 PM on 12/22/06. Hrg re 29 Plaintiff's MOTION for Preliminary Injunction is reset for 12/28/2006 09:30 AM in Courtroom #305 before Honorable Stephen P. Friot. (Court Reporter Tracy Washbourne.) (llg) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
35

ENTRY of Appearance by Gregory T Metcalfe on behalf of Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke (Metcalfe, Gregory) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

PACER
36

Minute Entry for proceedings held before Judge Stephen P. Friot: Telephone Conference re discovery question held on 12/20/2006. Rob Nigh appears by phone on behalf of plf; Greg Metcalfe appears by phone on behalf of dfts. Re proposed protective order, counsel for plf requests that he be allowed to show certain discovery to plf, namely the field memorandum describing the protocol for execution and photos of the execution chamber. Ct hears arguments of counsel. Pursuant to Rule 26(b)(2), ct DENIES the request of plf's counsel. The protective order will provide that such materials will not be shared with or shown to plf. Ct advises counsel that, if it is necessary to have a discovery conf on 12/22/06, said discovery conf can be moved to a time earlier than 4:00 PM. (llg) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
37

JOINT MOTION for Protective Order by Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke. (Metcalfe, Gregory) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

PACER
38

PROTECTIVE ORDER. Signed by Judge Stephen P. Friot on 12/22/06. (llg) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
39

SUPPLEMENT re 29 MOTION for Preliminary Injunction with Brief in Support (Second) by Corey Duane Hamilton. (Attachments: # 1 Exhibit Affidavit by Neal Dupree# 2 Exhibit Florida Execution by Lethal Injection Procedures# 3 Exhibit Associated Press Article dated 12/15/06# 4 Exhibit Florida Executive Order 06-260# 5 Exhibit Morales v. Tilton case)(Nigh, Robert) (Entered: 12/27/2006)

1 Exhibit Affidavit by Neal Dupree

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2 Exhibit Florida Execution by Lethal Injection Procedures

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3 Exhibit Associated Press Article dated 12/15/06

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4 Exhibit Florida Executive Order 06-260

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5 Exhibit Morales v. Tilton case

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Dec. 27, 2006

Dec. 27, 2006

PACER
40

ENTER ORDER striking 1/4/07 status/scheduling conference, striking 1/2/07 deadline for filing of joint status report. Entered at the direction of Judge Stephen P. Friot on 12/27/06. (llg) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

PACER
41

RESPONSE in Opposition re 29 MOTION for Preliminary Injunction with Brief in Support filed by Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke. (Attachments: # 1 Exhibit 1 Boltz Case Law# 2 Exhibit 2 Patton Case Law# 3 Exhibit 3 Patton Transcript Prelim. Injunction# 4 Exhibit 4 Hamilton Transcript# 5 Exhibit 5 Request to Staff April 10, 2006# 6 Exhibit 6 Grievance Report May 12, 2006# 7 Exhibit 7 Morton Letter# 8 Exhibit 8 OSP 040301-01)(Metcalfe, Gregory) (Entered: 12/27/2006)

1 Exhibit 1 Boltz Case Law

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2 Exhibit 2 Patton Case Law

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3 Exhibit 3 Patton Transcript Prelim. Injunction

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4 Exhibit 4 Hamilton Transcript

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5 Exhibit 5 Request to Staff April 10, 2006

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6 Exhibit 6 Grievance Report May 12, 2006

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7 Exhibit 7 Morton Letter

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8 Exhibit 8 OSP 040301-01

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Dec. 27, 2006

Dec. 27, 2006

PACER
42

MOTION to Strike or, Alternatively Limit Evidence to be Offered by Plaintiff by Ted Logan, Beverly Young, Ernest Godlove, Justin Jones, Marty Sirmons, W Mark Luttrull, Robert L Rainey, Earnest D Ware, David C Henneke. (Mann, Richard) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

PACER
43

Minute Entry for proceedings held before Judge Stephen P. Friot: Preliminary Injunction Hearing held on 12/28/2006. 42 Dfts' MOTION to Strike or, Alternatively Limit Evidence to be Offered by Plaintiff is DENIED. Ct hears evidence & arguments of counsel. Plf's Exs. 1-61 admitted. Dfts' Exs. 3-5 admitted. 29 Plf's MOTION for Preliminary Injunction is DENIED. Ct orders exhibits withdrawn, to be retained by counsel. (Court Reporter Tracy Washbourne.) (llg) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
44

ORDER DENYING 29 MOTION for Preliminary Injunction filed by Corey Duane Hamilton. Signed by Judge Stephen P. Friot on 12/28/06. (llg) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
45

NOTICE OF APPEAL as to 44 Order by Corey Duane Hamilton. (Nigh, Robert) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
46

MOTION for Order Application for Payment for Transcript by United States by Corey Duane Hamilton. (Nigh, Robert) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
47

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 45 Notice of Appeal (dl, ) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
48

TRANSCRIPT Order Form by Corey Duane Hamilton re 45 Notice of Appeal that transcripts are necessary. See order form for dates and proceedings. Estimated completion date January 1, 2007. (dl, ) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
49

ORDER granting 46 Plaintiff's Application for Payment for Transcript by United States. Signed by Judge Stephen P. Friot on 12/29/06. (llg) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
50

DESIGNATION of Record on Appeal by Corey Duane Hamilton re 45 Notice of Appeal (Attachments: # 1 Attachment Civil Docket Sheet)(Nigh, Robert) (Entered: 01/02/2007)

1 Attachment Civil Docket Sheet

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Jan. 2, 2007

Jan. 2, 2007

PACER
51

USCA Case Number 06-6381 for 45 Notice of Appeal filed by Corey Duane Hamilton. (dl, ) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
52

PETITION FOR WRIT OF CERTIORARI was DENIED by Order of the Supreme Court on January 8, 2007 (dl, ) (Entered: 01/09/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
53

ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Judge Stephen P. Friot on 1/10/07. (llg) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
54

CJA 24: Authorization to Pay T Washbourne Voucher # 070119000043. Signed by Judge Stephen P. Friot on 1/9/07. (dm) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER
55

MANDATE From USCA - The judgment of the district court is AFFIRMED 45 Notice of Appeal filed by Corey Duane Hamilton (dl, ) (Entered: 01/29/2007)

Jan. 29, 2007

Jan. 29, 2007

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 27, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Department of Corrections (McAlester), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General