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 consolidated this cause w/GC82-77, etc. ( signed by Magistrate Judge on 7/26/82) (fcc) Modified on 04/05/1996 (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)

case closed (J.S.6) (fcc)

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 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 (fcc) Modified on 04/05/1996 (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)

CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc)

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

**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)

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)

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)

AFFIDAVITS IN SUPPORT by Paul Flowers #79415; Henderson Sharp #46812; Tyrone Green #80786; Saleem Munin Rafiq #35789; Sebastian Ratel King #62506; Marzett Lowe #87932; Michael Johnson #41273; Dereck Stokes #87345; Tony L. Bland #24431; Lee Sharp #72030; Larry Warren #32002; Bobby Williams #34824; Taj Hassan #63416; Earnest Brandy #82878; Danny Townsend #09537; Arturn Joiner #40226; Larry Gaston #82650; David Bennett #00274; Antonio Battee #74130; Jerry D. Wilson #36853; Dennie Colston #79107; Vincent Simmons #59773; Yervin Barnett #21800; Sammuel Pitchford #43102; Napoleon Bryant #82026; Jermone Wallace #13138; Kelvin Denman #18910; John Cannon #75015; Tommy Lewis #09850; Benard Brown #48743 Re: [33-1] motion for Order to Show Cause and/or Order for Enforcement of Judgment (fcc)

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)

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)

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)

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

MOTION by Keith Anthony Givhan, et al for Judgment on the Pleadings of their Verified Motion for Order Awarding Atty's Fees, etc. [Note: Marked filed but inadvertently ommitted from entry] (fcc) (Entered: 12/09/1997)

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

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(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)

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

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

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

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

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

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

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

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)

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)

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)

ORDER returning this cause to the Clerk for reassignment to an active U.S. District Judge. ( signed by Senior Judge L. T. Senter Jr. on 7/31/98) Date of Entry: 8/06/98 (fcc) (Entered: 08/06/1998)

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