Case: Givhan v. Puckett

PRISONER COMPLAINT challenging conditions of confinement CASE REFERRED to Magistrate Judge Jerry A. Davis ; Case Assigned to CJRA Track: Administrative (fcc) (Entered: 04/05/1996)

ORDER granting plaintiffs in forma pauperis status (signed Magistrate Judge on 3/15/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1−1] prisoner complaint (fcc) (Entered: 04/05/1996)

ORDER consolidating this cause w/GC82−179; 82−181; 82−77; and 82−180 ( signed by Magistrate Judge on 8/4/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

ORDER certifying these consolidated causes as a Rule 23 CLASS ACTION, etc. ( signed by Magistrate Judge on 8/16/82)(fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

ORDER that the pro se complaint of Donnie Wilson be filed as a motion for leave to intervene in the above cause which is DENIED. ( signed by Magistrate Judge on 9/29/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

NOTICE OF APPEAL of [3−1] order by Donnie Wilson. (fcc) (Entered: 04/05/1996)

Certificate (WCK), dated 11/3/82, denying probable cause COB#42, PG. 155 (fcc) (Entered: 04/05/1996)

ORDER that GC83−5WK has been consolidated with the above cause and all further proceedings will be filed in this cause, etc. ( signed by Magistrate Judge on 2/4/83) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

SECOND AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1−1] prisoner complaint (fcc) (Entered: 04/05/1996)

JUDGMENT OF USCA (certified copy) DISMISSING appeal of Donnie Wilson for failure to pay docketing fee; Record returned from USCA Re: [4−1] appeal (fcc) (Entered: 04/05/1996)

REPORT AND RECOMMENDATION of Magistrate Judge in Cause No. GC83−5−WK (fcc) (Entered: 04/05/1996)

ORDER adopting the Magistrate Judge's report and recommendation as the opinion of the court; and denying dfts motion to dismiss (signed by Chief Judge W. C. Keady on 4/4/83) COB # 44 pg. 1 Date of Entry: 4/4/83 (fcc) (Entered: 04/05/1996)

ORDER ON JUDGMENT dismissing this cause of action by reason of settlement. (fcc) (Entered: 04/05/1996)

case closed (J.S.6) (fcc) (Entered: 04/05/1996)

AGREED ORDER dismissing this action with prejudice, subject to certain provisions, etc. (signed by Chief Judge W. C. Keady on 11/18/85) COB # 51 pg. 70−73 Date of Entry: 11/18/85 (fcc) (Entered: 04/05/1996)

AGREED ORDER of Settlement and Dismissal entered by the court on 11/18/85 be MODIFIED as to Place of Worship, Fulltime Imam, Diet, Hair and Beards, Religious Material, etc., each party to bear its own costs and attorneys fees, and court costs. ( signed by Judge Neal B. Biggers Jr. on 4/16/91) Date of Entry: 4/17/91 (fcc) (Entered: 04/05/1996)

ORDER allowing plaintiffs to solicit voluntary donations, etc., and Directing that plaintiffs may not sell items within the penitentiary that have been donated to or purchased by the Muslim community at Parchman. ( signed by Magistrate Judge Jerry A. Davis on 10/24/92) Date of Entry: 10/28/91 (fcc) (Entered: 04/05/1996)

AFFIDAVIT/MOTION of Nathaniel Sibley for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 (fcc) (Entered: 04/05/1996)

MOTION by Katherine V. Kilgore and NMRLS to withdraw as counsel for plaintiffs (fcc) (Entered: 04/05/1996)

ORDER granting [20−1] motion to withdraw as counsel for plaintiffs and plaintiff class in this case. ( signed by Magistrate Judge Jerry A. Davis on 8/28/95) Date of Entry: 8/29/95 (fcc) (Entered: 04/05/1996)

MOTION by Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass to Certify Class (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

ORDER reopening case, reassigning this case to U. S. Magistrate Judge S. Allan Alexander, and appointing Ronald Reid Welch to represent plaintiffs in this cause. ( signed by Magistrate Judge Jerry A. Davis on 4/2/96) Date of Entry: 4/5/96 (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc) (Entered: 04/05/1996)

CASE REFERRED to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)

**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [23−1] motion to Certify Class referred to Magistrate Judge S. Allan Alexander, [22−1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass referred to Magistrate Judge S. Allan Alexander, [19−1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 referred to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)

ORDER, Consolidating Cases and Directing Class Counsel to Investigate and Report to Court ( signed by Magistrate Judge S. Allan Alexander on 4/11/96) Date of Entry: 4/15/96 (jta) Modified on 04/16/1996

Consolidated Lead Case (consolidated w/95cv283) (jta)

MOTION by plaintiffs for order providing copy of case record to newly appointed class counsel and for additional time for counsel to report (fcc)

MOTION by Kenneth Garrison in 4:82−cv−00064 to Expedite (fcc) (Entered: 07/31/1996)

MOTION by Curtis Antonio Way in 4:82−cv−00064 to Dismiss Counsel (jta)

MOTION by Curtis Antonio Way in 4:82−cv−00064 for nunc pro tunc entry of judgment on the verdict (fcc) (Entered: 08/06/1996)

MOTION by Nathaniel Sibley in 4:82−cv−00064 to Dismiss voluntarily (PSP−4 signed 7/22/96) (fcc) (Entered: 08/09/1996)

ORDER granting [30−1] motion to Dismiss voluntarily (PSP−4 signed 7/22/96), Dismissing this cause as to Nathaniel Sibley without prejudice ( signed by Magistrate Judge S. Allan Alexander on 8/12/96) Date of Entry: 8/13/96 (fcc)

Plas' Class Counsel Interim Report to the Court (fcc)

MOTION by Paul Flowers in 4:82−cv−00064, Tyrone Green in 4:82−cv−00064, Ya Sin Shabazz in 4:82−cv−00064, Danny Townsend in 4:82−cv−00064, Taj Hassan in 4:82−cv−00064, Larry Warren in 4:82−cv−00064, Saleem Rafiq in 4:82−cv−00064 for Order to Show Cause and/or Order for Enforcement of Judgment (fcc) (Entered: 09/18/1996)

ATTACHMENTS by Paul Flowers in 4:82−cv−00064, Tyrone Green in 4:82−cv−00064, Ya Sin Shabazz in 4:82−cv−00064, Danny Townsend in 4:82−cv−00064, Taj Hassan in 4:82−cv−00064, Larry Warren in 4:82−cv−00064, Saleem Rafiq in 4:82−cv−00064 in support of [33−1] motion for Order to Show Cause and/or Order for Enforcement of Judgment by movants (fcc) (Entered: 09/18/1996)

ORDER denying [29−1] motion for nunc pro tunc entry of judgment on the verdict, denying [28−1] motion to Dismiss Counsel, denying [27−1] motion to Expedite, denying [23−1] motion to Certify Class, denying [22−1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass, denying [19−1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91, granting until 10/10/96, that class counsel submit a final report of his investigation and settlement negotiations ( signed by Magistrate Judge S. Allan Alexander on 9/20/96) Date of Entry: 9/25/96 (fcc)

Movant's (Larry T. Warren) letter of inquiry dtd 10/8/96, referred to Magistrate Judge Alexander (fcc)

PLAS' class counsel Third Report to the Court (fcc)

ORDER granting written and ore tenus motion of class counsel until 12/01/96, to submit a final report of his investigation and settlement negotiations. ( signed by Magistrate Judge S. Allan Alexander on 10/15/96) Date of Entry: 10/21/96 (fcc) (Entered: 10/21/1996)

Letter dtd 10/24/96, from Raheem Furqaan #73717, Unit 14, Parchman, MS 38738, addressed to Magistrate Judge Alexander regarding "Counsel's Third Report the Court" (fcc) (Entered: 10/30/1996)

Plaintiffs' class Counsel Fourth Report to The Court. (jta)

MOTION by John B. Irvin, III (a/k/a Mali K. Lumumba) and Iman Rashed Saleem for Reconsideration of [36−1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan (fcc)

ORDER denying [33−1] motion for Order to Show Cause and/or Order for Enforcement of Judgment ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)

ORDER denying [40−1] motion for Reconsideration of [36−1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)

VERIFIED MOTION by Keith Anthony Givhan, et al in 4:82−cv−00064 for Order Awarding Attorney's Fees [43−1] motion referred to Judge Neal B. Biggers Jr. (fcc)

MOTION by Steve Puckett in 4:82−cv−00064 to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees [44−1] motion referred to Judge Neal B. Biggers Jr. (fcc)

ORDER granting [44−1] motion to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees, Response to Motion reset to 5/19/97 for [43−1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 4/28/97) Date of Entry: 4/30/97 (fcc)

RESPONSE by Steve Puckett, et al in 4:82−cv−00064 in opposition to [43−1] motion for Order Awarding Attorney's Fees by Keith Anthony Givhan (fcc) Modified on 05/20/1997

Mail Returned 6/4/97, addressed to Paul Flowers with forwarding address of: Collins Place 63, Carterville, GA 30120 (fcc)

ORDER, Motion Hearing set for 9:00 10/24/97 Oxford for [43−1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 8/14/97) Date of Entry: 8/15/97 (jta)

REQUEST for Clarification with Respect to Post−Judgment Class Action Case Administration and Jurisdiction by Pla Class Attorney, Ronald Reid Welch (fcc)

NOTICE/SECOND VERIFIED MOTION by Keith Anthony Givhan in 4:82−cv−00064 for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C (fcc)

Motion(s) no longer referred: [43−1] motion for Order Awarding Attorney's Fees (fcc)

MOTION by Steve Puckett, et al in 4:82−cv−00064 to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." (fcc) (Entered: 10/09/1997)

AFFIDAVIT of DAVID W. MOCKBEE by Keith Anthony Givhan in 4:82−cv−00064 Re: [49−1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)

AFFIDAVIT OF WILLIAM WINTER by Keith Anthony Givhan, et al, in 4:82−cv−00064 Re: [49−1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)

NOTICE of by Keith Anthony Givhan, et al in 4:82−cv−00064, of Additional Attorney Affidavits of David W. Mockbee and William F. Winter (fcc)

MOTION by John B. Irving III in 4:82−cv−00064, Raheem Furqaan in 4:82−cv−00064, George Michael Bass in 4:82−cv−00064, Anthony Smith in 4:82−cv−00064, Devin Johnson in 4:82−cv−00064, Guss Moss in 4:82−cv−00064, Victor Kennedy in 4:82−cv−00064, Johnny Lacy in 4:82−cv−00064, David Montgomery in 4:82−cv−00064, Michael Taylor in 4:82−cv−00064, Patrick F. Berry in 4:82−cv−00064, Raymond Greason in 4:82−cv−00064 for Temporary Restraining Order (fcc)

MOTION by Keith Anthony Givhan, et al in 4:82−cv−00064 for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny , or for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations [54−1] motion referred to Magistrate Judge S. Allan Alexander, [54−2] motion referred to Magistrate Judge S. Allan Alexander (fcc)

REQUEST for Admissions by Keith Anthony Givhan, et al in 4:82−cv−00064 to Steve Puckett, et al in 4:82−cv−00064 (fcc)

NOTICE of Attorney Appearance for Steve Puckett in 4:82−cv−00064, Raymond Roberts in 4:82−cv−00064 by James F. Steel (SAAG) (fcc) (Entered: 11/18/1997)

AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of plas' court−appointed counsel for post−judgment awards of atty's fees; CONSOLIDATING Givhan (4:82cv64−B−A) and Way (4:95cv283−D−A) subclass casses with Gates (4:71cv06−S−D); CERTIFYING Givhan and Way as a subclass of the larger class already certified in Gates: "All adherents of the muslim religion sentenced to the custody of MDOC..."; all future pleadings pertaining to Givhan and Way shall have the same heading, styled, and numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and second verified motions and for all additional atty time and expense to date, dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in Para. 5 shall issue this date from the court and filed by the clerk; that, as previously agreed and ordered in Moore v. Fordice, Para. 12 at page 4 of Agreed Judgment of Settlement and Dismissal, filed 06/28/95, the parties obligate themselves to seek in good faith an informal resolution to any dispute in this case prior to instituting any legal action relative thereto. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 302−305 Date of Entry: 11/18/97 (fcc)

FINAL JUDGMENT in Givhan v. Puckett, on the first and second verified motions of plas for post judgment atty's fees and costs to date, directing that dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 306−307 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997

**Magistrate Reassigned to Magistrate Judge Jerry A. Davis (fcc)

CASE reassigned to Chief Judge L. T. Senter Jr. (fcc)

Consolidated Member Case . Lead Case Number: 4cv71 06 (fcc)

Motion(s) referred: [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge Jerry A. Davis, [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge Jerry A. Davis, [53−1] motion for Temporary Restraining Order referred to Magistrate Judge Jerry A. Davis, [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge Jerry A. Davis (fcc)

Mail addressed to Joseph Wright RETURNED marked "Released". (jta)

CASE REFERRED to Magistrate Judge S. Allan Alexander (jta)

**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge S. Allan Alexander, [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge S. Allan Alexander, [53−1] motion for Temporary Restraining Order referred to Magistrate Judge S. Allan Alexander, [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge S. Allan Alexander; (for purposes of management per Magistrate Judge Davis) (jta)

REPORT AND RECOMMENDATIONS of Magistrate Judge S. Allan Alexander Re: [53−1] motion for Temporary Restraining Order ; Motion no longer referred Objections to R and R due by 4/16/98 (jta)

ORDER denying [54−1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny, denying [54−2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations, denying [50−1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." ( signed by Magistrate Judge S. Allan Alexander on 4/31/98) Date of Entry: 4/03/98 (fcc)

ORDER ADOPTING and APPROVING [60−1] report and recommendations denying [53−1] motion for Temporary Restraining Order ( signed by Chief Judge L. T. Senter Jr. on 4/28/98) COB # 82 pg. 217 Date of Entry: 4/30/98 (fcc)

NOTICE/MOTION by Raheem Furqaan in 4:82−cv−00064, Curtis Antonio Way in 4:82−cv−00064 for Pretrial Conference (fcc) (Entered: 06/23/1998)

OBJECTIONS TO CLASS COUNSEL'S FOURTH REPORT TO THE COURT, ETC. by Raheem Furqaan in 4:82−cv−00064, Curtis Antonio Way in 4:82−cv−00064 Re: (fcc) (Entered: 06/23/1998)

CASE reassigned to Chief Judge Neal B. Biggers Jr. (fcc)

ORDER transferring this cause to Honorable Glen H. Davidson, U. S. District Judge, NDMS, for all further proceedings. ( signed by Chief Judge Neal B. Biggers Jr. on 8/14/98) Date of Entry: 8/17/98 (fcc)

CASE reassigned to Judge Glen H. Davidson (fcc)

ORDER OF REFERENCE AND STIPULATION of Consent to Trial of All Post−Judgment Matters by United States Magistrate Judge Jerry A. Davis in Consolidated Cases ( signed by Judge Glen H. Davidson on 8/19/98) Date of Entry: 8/24/98 (fcc)

**Magistrate Reassigned to Magistrate Judge Jerry A. Davis [63−1] motion for Pretrial Conference referred to Magistrate Judge Jerry A. Davis (fcc)

CASE NO LONGER REFERRED TO Magistrate Judge S. Allan Alexander (fcc)

CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (fcc)

NOTICE of address change: 9425 Flechette Ave., Jacksonville, FL 32208 by Curtis Antonio Way in 4:82−cv−00064 (fcc) (Entered: 10/07/1998)

ORDER denying [63−1] motion for Pretrial Conference, request must come from class counsel, not individual litigants ( signed by Magistrate Judge Jerry A. Davis on 1/22/99) Date of Entry: 1/25/99 (fcc)

(Copy) Intervening Plaintiffs, Tobie Krohe, et al, letter dtd 2/15/99, to Lead Atty, Margaret Winter, et al , as to status of case, placed in the file. (copies referred to Mag Judge Davis and Pro Se Clerk) (fcc)

ORDER denying [234−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95c283 in 4:71−cv−00006, denying [229−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95cv283 in 4:71−cv−00006, denying [206−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283 " in 4:71−cv−00006, denying [200−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 6/10/99) Date of Entry: 6/11/99 (fcc) Modified on 09/28/1999

Plas' Class Counsel (Ron Welch) Summary Status Report dtd 8/30/99, to the Court on All Consolidated Cases: 4:71cv6 (LEAD); 4:73cv76; 4:82cv64; 4:95cv283; 4:90cv125 (fcc) Modified on 09/28/1999

Letter MOTION by Charles Smith in 4:82−cv−00064 to Amend [1−1] prisoner complaint (fcc)

ORDER denying [71−1] motion to Amend [1−1] prisoner complaint, referring movant to submit his motion to plas' counsel for his review and consideration ( signed by Magistrate Judge Jerry A. Davis on 10/12/99) Date of Entry: 10/13/99 (fcc) Modified on 10/13/1999

Letter dtd 10/24/99 from Thomas Hill enclosing a letter to Ronald Welch of their dissatisfaction with class counsel, referred to Magistrate Judge Davis (fcc)

"CORRECTED" VERIFIED MOTION by class counsel for Order Awarding December 1999 Attorney's Fees (fcc) Modified on 01/20/2000 (Entered: 01/10/2000)

MOTION by (Movants) John B. Irving III #30881, Johnny Collier #05757, Bobby Pinkney #57506, Donald Ray Brown #44479, Rickey Hampton #51236, Sammy Brown #76614, Charles Bell #30115, Steven Thomas K8092, Dennis Johnson #82896, James Seaton #81899, Kenneth Evans #K2369, Marquis Greene K0146, David Posey #65362, Russell Virgil #68744, Clarence Peteson #12681, Isiah Williams 37498 in 4:82−cv−00064, 4:82cv77, 4:82cv179, 4:82cv180, 4:92cv181, 4:83cv05 to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP (fcc) Modified on 08/28/2000 (Entered: 08/28/2000)

MOTION by party movant Thomas Hill in 4:82−cv−00064 to Proceed w/o Benefit of Current Class Counsel (fcc)

ORDER denying [74−1] motion to Proceed w/o Benefit of Current Class Counsel ( signed by Magistrate Judge Jerry A. Davis on 11/16/00) Date of Entry: 11/17/00 (fcc)

ORDER denying [73−1] motion to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP ( signed by Magistrate Judge Jerry A. Davis on 3/28/01) Date of Entry: 3/29/01 (fcc)

JUDGMENT OF USCA (certified copy) that the Judgment of the District Court is VACATED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court ISSUED AS MANDATE: APRIL 27, 2001 Re: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (fcc) (Entered: 05/08/2001)

ORDER granting defendants' motion in cause no. 4:99cv61−D−D and consolidating for all purposes 4:99cv61−D−D with "Givhan v. Puckett", 4:82cv64−JAD, as consolidated with "Gates v. Fordice, et al", GC71−6−JAD.( signed by Magistrate Judge Jerry A. Davis on 7/17/01) Date of Entry: 7/19/01 (fcc) (Entered: 07/19/2001)

ORDER, setting status conference and hearing on all pending motions for 10:00 a.m. October 29, 2002, in Oxford Motion Hearing set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [523−1] motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [513−1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [510−1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [494−1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [485−1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006, in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [484−1] motion for Reconsideration of [54−1] order in 4:00−cv−00315 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [477−1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [468−1] motion for Attorney Fees in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 9/25/02) Date of Entry: 10/02/02 (fcc)