Case: Yarls v. Bunton

U.S. Court of Appeals for the Fifth Circuit

ACLU

Norman Lefstein

National Right to Counsel Committee

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 053N-1348115.), filed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Exhibit List Index of Exhibits, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11, # 14 Exhibit Exhibit 12, # 15 Exhibit Exhibit 13)(Sirmon, Candice) (Entered: 01/14/2016)

MOTION for Brandon J. Buskey to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1348118) by All Plaintiffs. (Attachments: # 1 Affidavit of Brandon Buskey, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Sirmon, Candice) (Entered: 01/14/2016)

MOTION for Ezekiel R. Edwards to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1348119) by All Plaintiffs. (Attachments: # 1 Affidavit of Ezekiel R. Edwards, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Sirmon, Candice) (Entered: 01/14/2016)

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Sirmon, Candice) (Entered: 01/15/2016)

There is no record document 5 - Counsel was admitted (NLT) Modified on 1/19/2016 to edit the text and remove the attachment (NLT). (Entered: 01/19/2016)

NOTICE on 4 MOTION to Certify Class :. Opposition, limited to 10 pages, to the motion shall be filed on or before 02/09/16. The mover may file a reply brief, limited to 5 pages, within 14 days of the filing of the opposition.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (MJ) (Entered: 01/19/2016)

ORDER granting 2 Motion for Brandon J. Buskey to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 01/22/2016)

ORDER granting 3 Motion for Ezekiel Edwards to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 01/22/2016)

Order on Motion to Appear Pro Hac Vice

Order on Motion to Appear Pro Hac Vice

NOTICE AND ORDER: The 6 Briefing Scheduling be VACATED and the 4 Motion to Certify Class be DISMISSED from the Courts docket without prejudice to being re-filed at a later date. Signed by Judge James J. Brady on 2/1/2016. (LLH) Modified on 2/1/2016 to edit text (LLH). (Entered: 02/01/2016)

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/29/2016 at 09:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 3/15/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/5/2016. (JSL) (Entered: 02/05/2016)

ANSWER to 1 Complaint,, by James T Dixon, Jr.(Landis, John) (Entered: 03/01/2016)

WAIVER OF SERVICE Returned Executed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. Derwyn Bunton waiver sent on 1/15/2016, answer due 3/15/2016. (Sirmon, Candice) (Entered: 03/04/2016)

WAIVER OF SERVICE Returned Executed by Darwin Yarls, Jr, Douglas Brown, Leroy Shaw, Jr. James T Dixon, Jr waiver sent on 1/15/2016, answer due 3/15/2016. (Sirmon, Candice) (Entered: 03/04/2016)

Uncontested MOTION to Extend Status Report Deadline and scheduling conference by All Plaintiffs. (Sirmon, Candice) Modified on 3/8/2016 to edit text (LLH). Modified on 3/14/2016 to edit event (LLH). (Entered: 03/07/2016)

ORDER granting 14 Uncontested Motion to Extend Status Report Deadline and Scheduling Conference. The Scheduling Conference set for 3/29/2016 is RESET for 4/21/2016 at 10:45 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr.. The Joint Status Report due by 4/7/2016. The parties shall hold their FRCP 26(f) scheduling conference no later than 3/31/2016. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/14/2016. (LLH) Modified on 3/17/2016 to edit text (LLH). (Entered: 03/14/2016)

ANSWER to 1 Complaint,, by Derwyn Bunton.(Surprenant, Mark) (Entered: 03/15/2016)

MOTION to Enroll Jennifer E. Barriere as Additional Attorney by Derwyn Bunton. (Attachments: # 1 Proposed Pleading; Order)(Surprenant, Mark) (Entered: 03/16/2016)

ORDER granting 17 Motion to Enroll Additional Attorney. Added attorney Jennifer Emily Barriere as additional counsel of record for Derwyn Bunton. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 03/24/2016)

Order on Motion to Enroll Additional Attorney

Joint MOTION to Extend Status Report Deadline and Scheduling Conference by All Plaintiffs. (Sirmon, Candice) Modified to edit text on 4/4/2016 (BLR). (Entered: 04/01/2016)

ORDER: The scheduling conference set for April 21, 2016 is hereby RESET before United States Magistrate Judge Richard L. Bourgeois, Jr. for May 19, 2016 at 3:00 p.m. The deadline for filing the joint status report is reset to May 5, 2016. All other orders and instructions in this Courts Orders (R. Docs. 10 and 15) and attachments thereto shall continue to apply. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/6/2016. (BLR) (Entered: 04/06/2016)

Third MOTION for Extension of Time to File Joint Status Report by All Plaintiffs. (Buskey, Brandon) (Entered: 05/05/2016)

Order on Motion for Extension of Time to File

Scheduling Order

Enroll Additional Attorney

Order on Motion to Enroll Additional Attorney

Amended Complaint

Certify Class

Settlement

Amended Complaint

~Util - Set Deadlines AND Order

~Util - Set Motion and R&R Deadlines/Hearings AND Status Conference

Order on Motion for Miscellaneous Relief AND Order on Motion to Certify Class AND Order on Motion for Settlement

Amend

Withdraw as Attorney

Withdraw as Attorney

Substitute Attorney

Order on Motion to Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Order on Motion to Amend

~Util - Set Deadlines/Hearings AND Order

Amended Complaint

Order on Motion to Substitute Attorney

Scheduling Order

Certify Class

NOTICE AND ORDER: The Court sua sponte raises the issue of whether it has subject matter jurisdiction under Article III of the United States Constitution. Plaintiffs shall submit a brief not to exceed 20 pages addressing the stated issues by 11/9/201 6. The Defendants must submit a response not to exceed 20 pages by 11/23/2016. If, after reviewing the briefs, the Court is not convinced that it has jurisdiction, this case will be dismissed. Signed by Judge James J. Brady on 10/27/2016. (LLH) Modified on 10/28/2016 (NLT).

Substitute Attorney

Order on Motion to Substitute Attorney

Brief

Response

Response

Withdraw as Attorney

Miscellaneous Relief (First)

Order on Motion for Miscellaneous Relief AND Order on Motion to Withdraw as Attorney

RULING : The concerns that this Court has with the case touch upon fundamental issues about the nature of its judicial power and, even more fundamentally, about its role in relation to state criminal courts. Ultimately, and after reviewing all of the briefing in this case, this Court finds that this case will be dismissed as a matter of federalism and comity. Signed by Judge James J. Brady on 01/31/2017. (ELW)

Order Dismissing Case

Reconsideration

RULING : The Court finds that it did not commit a manifest error of law in dismissing this case. The Motion for Relief from Judgment 64 is DENIED. Signed by Judge James J. Brady on 08/23/2017. (ELW)