Case: Jones v. Allen

2:06-cv-00986 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 1, 2006

Closed Date: May 3, 2007

Clearinghouse coding complete

Case Summary

On November 1, 2006, Aaron Lee Jones filed a lawsuit in the United States District Court for the Middle District of Alabama seeking declaratory and injunctive relief to prevent the state of Alabama from using its lethal injection procedure against him. The complaint alleged that the procedure was not medically approved and would result in extreme pain in violation of the Eighth and Fourteenth Amendments of the Constitution. The plaintiff was represented by private attorneys. On April 17, 2007…

On November 1, 2006, Aaron Lee Jones filed a lawsuit in the United States District Court for the Middle District of Alabama seeking declaratory and injunctive relief to prevent the state of Alabama from using its lethal injection procedure against him. The complaint alleged that the procedure was not medically approved and would result in extreme pain in violation of the Eighth and Fourteenth Amendments of the Constitution. The plaintiff was represented by private attorneys.

On April 17, 2007, the district court (Judge Myron H. Thompson) denied the plaintiff's motion to stay his execution pending his challenge of the lethal injection procedure. His execution was scheduled for May 3, 2007. On April 27, 2007, the United States Court of Appeals for the Eleventh Circuit (Judge Joel Fredrick Dubina) affirmed. Both courts found that Jones delayed in bringing these constitutional claims.

Aaron Lee Jones was executed on May 3, 2007 by lethal injection. The case is now closed.

Summary Authors

Angela Heverling (7/28/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4124434/parties/jones-v-allen-death-penalty/


Judge(s)

Dubina, Joel Fredrick (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Cohen, Stephanie L. (New York)

Fitzpatrick , Vincent R. Jr. (New York)

McDevitt, Heather (New York)

Attorneys(s) for Defendant

Crenshaw , James Clayton (Alabama)

Davis, James William (Alabama)

Houts , James Roy (Alabama)

Judge(s)

Dubina, Joel Fredrick (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Cohen, Stephanie L. (New York)

Fitzpatrick , Vincent R. Jr. (New York)

McDevitt, Heather (New York)

Attorneys(s) for Defendant

Crenshaw , James Clayton (Alabama)

Davis, James William (Alabama)

Houts , James Roy (Alabama)

Documents in the Clearinghouse

Document

2:06-cv-00986

Docket (PACER)

June 5, 2007

June 5, 2007

Docket
1

2:06-cv-00986

Complaint

Nov. 1, 2006

Nov. 1, 2006

Complaint
9

2:06-cv-00986

Answer

Dec. 4, 2006

Dec. 4, 2006

Pleading / Motion / Brief
24

2:06-cv-00986

Defendant's Motion for Judgment on the Pleadings

March 13, 2007

March 13, 2007

Pleading / Motion / Brief
86

2:06-cv-00986

Opinion

483 F.Supp.2d 1142, 2007 WL 1140416, 2007 U.S.Dist.LEXIS 28415

April 17, 2007

April 17, 2007

Order/Opinion

07-11840

Opinion

U. S. Court of Appeals for the Eleventh Circuit

485 F.3d 635

April 27, 2007

April 27, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4124434/jones-v-allen-death-penalty/

Last updated Aug. 8, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

Inmate 1983 COMPLAINT against all defendants ( Filing fee $ 350.00 receipt number 112054.), filed by Aaron Lee Jones.(cb, )

Nov. 1, 2006

Nov. 1, 2006

RECAP
2

Motion to Appear Pro Hac Vice (Stephanie Cohen) ( Filing fee $ 20.00 receipt number 112054.) by Aaron Lee Jones. (Attachments: # (1) Certificate of Goodstanding and & Proposed Order)(cb, )

1 Certificate of Goodstanding and & Proposed Order

View on PACER

Nov. 1, 2006

Nov. 1, 2006

RECAP
3

Motion to Appear Pro Hac Vice (Heather McDevitt) ( Filing fee $ 20.00 receipt number 112054.) by Aaron Lee Jones. (Attachments: # (1) Certificate of Goodstanding and Proposed Order)(cb, )

1 Certificate of Goodstanding and Proposed Order

View on PACER

Nov. 1, 2006

Nov. 1, 2006

RECAP
4

Motion to Appear Pro Hac Vice (Vincent FitzPatrick) ( Filing fee $ 20.00 receipt number 112054.) by Aaron Lee Jones. (Attachments: # (1) Certificate of Goodstanding and Proposed Order)(cb, )

1 Certificate of Goodstanding and Proposed Order

View on PACER

Nov. 1, 2006

Nov. 1, 2006

RECAP
5

ORDER granting [2],[3], and [4] Motion for Stephanie Cohen, Heather McDevitt, and Vincent FitzPatrick Leave to Appear Pro Hac Vice. Signed by Judge Myron H. Thompson on 11/6/06. (cb, )

Nov. 6, 2006

Nov. 6, 2006

RECAP
6

Summons Issued: Summons and Complaint issued as to Richard Allen, Grantt Culliver mailed by cmrrr. (cb, )

Nov. 9, 2006

Nov. 9, 2006

RECAP
7

Return Receipt Card showing service of Summons and Complaint signed by Heron Pete, CO I for Grantt Culliver served on 11/13/2006, answer due 12/4/2006. Date of Delivery verified through United States Postal Service. (cb, )

Nov. 16, 2006

Nov. 16, 2006

RECAP
8

Return Receipt Card showing service of Summons and Complaint signed by Kay P. Hope for Richard Allen served on 11/13/2006, answer due 12/4/2006. Date of Delivery verified through United States Postal Service. (cb, )

Nov. 20, 2006

Nov. 20, 2006

RECAP
9

Defendants' Answer to Plaintiff's Complaint by Richard Allen, Grantt Culliver.(Davis, James)

Dec. 4, 2006

Dec. 4, 2006

RECAP
10

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than December 22, 2006. Signed by Judge Myron H. Thompson on 12/5/2006. (cb, )

Dec. 5, 2006

Dec. 5, 2006

RECAP
11

REPORT of Rule 26(f) Planning Meeting. (Attachments: # (1) Proposed Agreed Confidentiality Order)(Mcdevitt, Heather)

1 Proposed Agreed Confidentiality Order

View on PACER

Dec. 22, 2006

Dec. 22, 2006

RECAP
12

AGREED CONFIDENTIALITY ORDER as further set out. Signed by Judge Myron H. Thompson on 12/27/2006. (cb, )

Dec. 27, 2006

Dec. 27, 2006

RECAP
13

SCHEDULING ORDER: Final Pretrial Conference set for 8/27/2007 before Honorable Myron H. Thompson. Non-Jury Trial set for trial during the term of court commencing on 10/1/2007 before Honorable Myron H. Thompson. Amended Pleadings due by 3/28/2007. Discovery due by 7/27/2007. Motions due by 5/29/2007. Mediation Notice due by 6/19/2007. Signed by Judge Myron H. Thompson on 1/8/2007. (cb, )

Jan. 8, 2007

Jan. 8, 2007

RECAP
14

NOTICE by Richard Allen of Filing (Attachments: # (1) Appendix Corrected Order Setting Execution Date)(Crenshaw, James)

1 Appendix Corrected Order Setting Execution Date

View on PACER

Feb. 28, 2007

Feb. 28, 2007

RECAP
15

ORDER directing that plf Jones file with this court, on or before 3/5/2007, at 9:00 am, notice indicating (1) whether he will seek a stay of execution and (2), if so, when he intends to file a motion for a stay with a supporting brief and evidentiary materials; further ORDERING that an on-the-record Status Conference is set for 3/6/2007 08:30 AM before Honorable Myron H. Thompson to discuss the notice; directing defendants to arrange for the conference to be conducted by telephone. Signed by Judge Myron H. Thompson on 3/1/07. Furnished to YG, HC, AG & SC.(djy, )

March 1, 2007

March 1, 2007

RECAP
16

NOTICE by Aaron Lee Jones / Notice of Intent to File Motion for Stay of Execution (Mcdevitt, Heather)

March 2, 2007

March 2, 2007

RECAP
17

NOTICE of Appearance by James Roy Houts on behalf of all defendants (Houts, James)

March 5, 2007

March 5, 2007

RECAP
18

Minute Entry for Status Conference held before Judge Myron H. Thompson on 3/6/2007. (Court Reporter Mitchell Reisner.) (ag, )

March 6, 2007

March 6, 2007

RECAP
19

Joint MOTION for Order Permitting Defendants' Disclosure of Protected Health Information Under HIPAA by Aaron Lee Jones. (Attachments: # (1) Text of Proposed Order # (2) Exhibit A# (3) Exhibit B# (4) Exhibit C)(Mcdevitt, Heather) Additional attachment(s) added on 3/7/2007 (cb, ).

1 Text of Proposed Order

View on PACER

March 6, 2007

March 6, 2007

RECAP
20

TRANSCRIPT of In Chambers Telephone Status Conference Proceedings (PDF available for court use only) held on 3/6/07 before Judge Myron H. Thompson. Court Reporter: Mitchell Reisner. (cb, )

March 6, 2007

March 6, 2007

PACER
21

ORDERED as follows: (1) The defendants are to produce all outstanding discovery materials to plaintiff by 5:00 p.m. on 3/9/07; (2) Plaintiff is allowed until 3/14/07, to file his motion for a stay of execution; and (3) The defendants are allowed until 3/21/07 to file their response. Signed by Judge Myron H. Thompson on 3/6/07. (cb, ) Additional attachment(s) added on 3/6/2007 (cb, ).

March 6, 2007

March 6, 2007

RECAP
22

NOTICE of Correction to attach the correct pdf to [21] Order. The original entry had the incorrect pdf attached. The corrected pdf is attached to this entry. (Attachments: # (1) Order)(cb, )

1 Order

View on PACER

March 6, 2007

March 6, 2007

RECAP
23

AGREED ORDER PERMITTING DEFENDANTS' DISCLOSURE OF PROTECTED HEALTH INFORMATION UNDER HIPPA as further set out. It is further ORDERED that [19] Joint Motion for order is granted as set forth in order. Signed by Judge Myron H. Thompson on 3/8/07. (cb, )

March 8, 2007

March 8, 2007

RECAP
24

MOTION for Judgment on the Pleadings and Alternative Motion for Summary Judgment Regarding Statute of Limitations by Richard Allen. (Crenshaw, James)

March 13, 2007

March 13, 2007

RECAP
25

ORDER that MOTION for Judgment on the Pleadings and Alternative Motion for Summary Judgment [24] are set for submission, without oral argument on 3/27/2007, with any opposing brief and evidentiary materials due by said date. Signed by Judge Myron H. Thompson on 03/13/2007. (dph, ) Modified on 3/14/2007 to reflect as to [24](qc/djy, ).

March 13, 2007

March 13, 2007

RECAP
26

MOTION to Stay of Execution by Aaron Lee Jones. (Fitzpatrick, Vincent)

March 14, 2007

March 14, 2007

PACER
27

AFFIDAVIT re [26] MOTION to Stay of Execution / Declaration of Heather K. McDevitt in Support of Aaron Lee Jones' Motion for Stay of Execution by Aaron Lee Jones. (Attachments: # (1) Index of Documents# (2) Exhibit 1# (3) Exhibit 2# (4) Exhibit 3# (5) Exhibit 4# (6) Exhibit 5# (7) Exhibit 6# (8) Exhibit 7# (9) Exhibit 8# (10) Exhibit 9# (11) Exhibit 10# (12) Exhibit 11# (13) Exhibit 12# (14) Exhibit 13# (15) Exhibit 14# (16) Exhibit 15# (17) Exhibit 16# (18) Exhibit 17# (19) Exhibit 18# (20) Exhibit 19# (21) Exhibit 20# (22) Exhibit 21# (23) Exhibit 22# (24) Exhibit 23)(Fitzpatrick, Vincent)

March 14, 2007

March 14, 2007

PACER
28

AFFIDAVIT re [26] MOTION to Stay of Execution / Declaration of Dr. Mark Heath by Aaron Lee Jones. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10# (11) Exhibit 11# (12) Exhibit 12# (13) Exhibit 13# (14) Exhibit 14# (15) Exhibit 15# (16) Exhibit 16# (17) Exhibit 17# (18) Exhibit 18# (19) Exhibit 19# (20) Exhibit 20# (21) Exhibit 21# (22) Exhibit 22# (23) Exhibit 23# (24) Exhibit 24# (25) Exhibit 25# (26) Exhibit 26# (27) Exhibit 27# (28) Exhibit 28# (29) Exhibit 29# (30) Exhibit 30# (31) Exhibit 31# (32) Exhibit 32)(Fitzpatrick, Vincent)

March 14, 2007

March 14, 2007

PACER
29

Corrected TRANSCRIPT Proceedings of In Chambers Telephone Status Conference(PDF available for court use only) held on 3/6/07 before Judge Myron H. Thompson. Court Reporter: Mitchell Reisner. (cb, )

March 15, 2007

March 15, 2007

PACER
30

NOTICE by Richard Allen of Filing (Attachments: # (1) Exhibit A - Alabama Supreme Court Order dated March 15, 2007)(Crenshaw, James)

1 Exhibit A - Alabama Supreme Court Order dated March 15, 2007

View on PACER

March 16, 2007

March 16, 2007

RECAP
31

MOTION for Extension of Time to File Response/Reply as to [26] MOTION to Stay of Execution by Richard Allen. (Crenshaw, James)

March 19, 2007

March 19, 2007

RECAP
32

Plaintiff's Motion for Order to Show Cause by Aaron Lee Jones. (Attachments: # (1) Proposed Order)(cb, )

March 19, 2007

March 19, 2007

PACER
33

Certification of Heather K. McDevitt in Support of Plaintiff's [32] MOTION for Order to Show Cause by Aaron Lee Jones. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6)(cb, )

March 19, 2007

March 19, 2007

PACER
34

ORDERED that the defendants' [31] MOTION for Enlargement of Time to Respond is set for on-the-record argument on 3/20/2007, at 2:00 p.m. Counsel for defendants are to arrange for the argument to be conducted by telephone before Honorable Myron H. Thompson. It is further ORDERED that plaintiff Aaron Lee Jone is to file a response to the motion by 10:00 a.m. on 3/20/2007. Signed by Judge Myron H. Thompson on 3/19/2007. (cb, )

March 19, 2007

March 19, 2007

RECAP
35

ORDER as follows: (1) The Defendants show cause in writing no later than 4:30 p.m. on Friday, 3/23/07, why certain documents listed on Defendants' privilege log should not be produced to the Plaintiff on an expedited basis; and (2) The Plaintiff's reply, if any, be filed no later than 4:30 p.m. on 3/26/07. Signed by Judge Terry F. Moorer on 3/19/2007. (cb, )

March 19, 2007

March 19, 2007

RECAP
36

RESPONSE in Opposition [31] MOTION for Extension of Time to File Response as to [26] MOTION to Stay by Aaron Lee Jones. (Attachments: # (1) Exhibit 1)(cb, )

March 20, 2007

March 20, 2007

PACER
37

ORDERED as follows: (1) The defendants' [31] Motion for Enlargement of Time to Respond is denied; and (2) Plaintiff's [36] Motion for a Discovery Deadline is GRANTED to the extent that the final deadline for discovery on all matters relating to the 5/3/2007 execution date (including Plf's [26] M/Stay & Dfts' [24] M/Judgment) is 3/27/07. All matters relating to what discovery material must be produced are referred to the magistrate judge. Signed by Judge Myron H. Thompson on 3/20/2007. (cb, )

March 20, 2007

March 20, 2007

RECAP
38

AMENDED AGREED CONFIDENTIALITY ORDER as further set out. Signed by Judge Myron H. Thompson on 3/20/2007. (cb, )

March 20, 2007

March 20, 2007

RECAP
39

MOTION to Compel by Aaron Lee Jones. (Attachments: # (1) Exhibit 1-Opposition to M/Enlargement of Time# (2) Exhibit 2-Motion to Stay# (3) Exhibit 3-Copy of Fax to Heather McDevitt)(cb, )

March 20, 2007

March 20, 2007

PACER
40

Minute Entry for ORAL ARGUMENT held 3/20/2007 before Judge Myron H. Thompson re [31] motion for enlargment of time and motion for discovery and motion to compel (embedded in [36] response in opposition to motion for enlargement of time)(PDF available for court use only). (Court Reporter Mitchell Reisner.) (snc)

March 20, 2007

March 20, 2007

PACER
41

ORDERED that Defendants show cause in writing no later than 4:30 p.m. on Wednesday, 3/21/07, why certain documents listed on Defendants' privilege log should not be produced to the Plaintiff on an expedited basis; (2) The Plaintiff's reply be filed no later than 4:30 p.m. on Thursday, 3/22/07; and (3) The Defendants' reply, if any, be filed no later than 4:30 p.m. on Friday. Show Cause Response due by 3/21/2007.Signed by Judge Terry F. Moorer on 3/21/2007. (cb, )

March 21, 2007

March 21, 2007

RECAP
42

DEFENDANTS' RESPONSE TO PLAINTIFF'S [32] MOTION TO SHOW CAUSE AND CROSS MOTION FOR DISCOVERY re [41] ORDER TO SHOW CAUSE (Attachments: # (1) Exhibit A-Privilege Log# (2) Exhibit B-Declaration of Clay Crenshaw)(cb, ) Modified on 3/23/2007 to correct the link to the Motion to Show Cause(cb, ).

March 21, 2007

March 21, 2007

PACER
43

Opposition to [26] MOTION for a Stay of Execution by Richard Allen. (Attachments: # (1) Affidavit Anne Adams# (2) Affidavit Grant Culliver# (3) Affidavit James Houts# (4) Exhibit 1# (5) Exhibit 2# (6) Exhibit 3# (7) Exhibit 4# (8) Exhibit 5# (9) Exhibit 6# (10) Exhibit 7# (11) Exhibit 8)(cc, )

March 21, 2007

March 21, 2007

PACER
44

TRANSCRIPT of Proceedings of In-Chambers Telephone Status Conference (PDF available for court use only) held on 3/20/2007 before Judge Myron H. Thompson. Court Reporter: Mitchell Reisner. (cb, )

March 22, 2007

March 22, 2007

PACER
45

Plaintiff's Reply to Defendants' [42] Response to Plaintiff's Motion to Show Cause and Cross Motion for Discovery (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F)(cb, )

March 22, 2007

March 22, 2007

PACER
46

Defendants' Final RESPONSE to Plaintiff's [32] Motion to Show Cause and Cross Motion for Discovery filed by Richard Allen, Grantt Culliver. (cb, )

March 23, 2007

March 23, 2007

PACER
47

ORDERED that Plaintiff's [32] Motion for An Order To Show Cause Why Defendants Should Not be Compelled to Produce Communications Listed on Defendants' Privilege Log On An Expedited Bais is denied in part, and granted in part. It is ORDERED that (1) The State release Documents 6-10 to Plaintiff by 9:00 a.m., 3/26/07; and (2) Documents 1-5 and 11-27 are protected from discovery under the attorney work-product doctrine. Signed by Judge Terry F. Moorer on 3/23/07. (cb, )

March 23, 2007

March 23, 2007

PACER
48

ORDERED as follows : (1) Plaintiff's [39] Motion to Compel is denied in part and granted in part; Defendants' [42] Response to Plaintiff's Motion to Show Cause and Cross Motion for Discovery is denied in part and granted in part; and Plaintiff's [45] Reply to Defendants' Response to Plaintiff's Motion to Show Cause and Cross Motion for Discovery is denied in part and granted in part. Accordingly, it is ORDERED that (1) Defendants are to produce the documents requested by Plaintiff, as modified by this Order, no later than 3/27/07; (2) Defendants are to arrange for telephonic depositions of the execution team, which shall be completed no later than 3/27/07; and (3) Counsel for Plaintiff, or their designees, shall be permitted to inspect the execution chamber on 3/26/07, between the hours of 8:00 and 10:00 a.m.. Signed by Judge Terry F. Moorer on 3/23/2007. (cb, )

March 23, 2007

March 23, 2007

PACER
49

Minute Entry for proceedings held before Judge Terry F. Moorer : Oral Argument held on 3/23/2007 (Recording Time FTR: 11:08 - 11:44 am.) (sql, ) Additional attachment(s) added on 3/26/2007 (snc, ) (PDF available for court use only)

March 23, 2007

March 23, 2007

RECAP
50

NOTICE by Richard Allen (Notice of Withdrawal) (Houts, James)

March 26, 2007

March 26, 2007

RECAP
51

Defendants' Supplement in Opposition to Jones' [26] MOTION to Stay of Execution by Richard Allen, Grantt Culliver. (Attachments: # (1) Exhibit A-D)(cb, )

March 27, 2007

March 27, 2007

PACER
63

USCA ORDER re 07-11287-P, IN RE: RICHARD F. ALLEN ON PETITION FOR WRIT OF MANDAMUS TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA; through a petition for writ of mandamus filed with the Court this date, Petitioner asks this Court to compel the District Court to vacate in part its March 23, 2007, order, in which the District Court directed Petitioner to arrange for the telephonic depositions of the members of the execution team. Said depositions are to be completed no later than March 27, 2007. Petitioner also asks this Court to stay that portion of the District Court's Order pending resolution of this petition. Petitioner's request is GRANTED to the extent that the depositions are hereby STAYED pending further order of this Court. Respondent is directed to file a response to this petition by 5:00 p.m. E.S.T. on March 28, 2007. The District Court is invited to file a response to this petition within the same time period. (ydw, ) Modified on 4/3/2007 TO VACATED PER [64] ORDER OF 4/3/07(ydw, ).

March 27, 2007

March 27, 2007

RECAP
52

MOTION for Leave to File Reply Memorandum of Law in Support of [26] Motion for Stay of Execution by Aaron Lee Jones. (Attachments: # (1) Proposed Reply Memorandum in Support)(cb, )

March 27, 2007

March 27, 2007

PACER
53

MEMORANDUM of Law in Opposition to Defendants' [24] MOTION for Judgment on the Pleadings and Alternative Motion for Summary Judgment Regarding Statute of Limitations filed by Aaron Lee Jones. (cb, )

March 27, 2007

March 27, 2007

PACER
54

Declaration of Heather K. McDevitt in Support of Aaron Lee Jones [53] Memorandum of Law in Opposition to Defendants' [24] Motion for Judgment on The Pleadings and Alternative Motion for Summary Judgment Regarding Statute of Limitations by Aaron Lee Jones. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8# (9) Exhibit 9# (10) Exhibit 10)(cb, )

March 27, 2007

March 27, 2007

PACER
55

ORDER granting [52] Motion for Leave to File a Reply Memorandum in Support of his [26] Motion for a Stay of Execution. Signed by Judge Myron H. Thompson on 3/28/2007. (cb, )

March 28, 2007

March 28, 2007

RECAP
56

REPLY MEMORANDUM OF LAW in Support of [26] MOTION to Stay of Execution filed by Aaron Lee Jones. (cb, ) Modified on 3/28/2007 to reflect this PDF document was previously attached as Exhibit A proposed to Docket Entry [52] and docketed on the record pursuant to [55] order (djy, ). Additional attachment(s) added on 3/28/2007 (djy, ).

March 28, 2007

March 28, 2007

PACER
57

ORDERED that the Defendants' Supplement in Opposition to Jones's [26] Motion for a Stay of Execution is treated as also a Motion for Leave to file such, and Motion for Leave is GRANTED. Signed by Judge Myron H. Thompson on 3/28/2007. (cb, )

March 28, 2007

March 28, 2007

RECAP
58

ORDER granting [50] Motion to Withdraw James R. Housts as Attorney. Signed by Judge Myron H. Thompson on 3/28/2007. (cb, )

March 28, 2007

March 28, 2007

RECAP
59

Objection to Part of [48] Magistrate Judge's Order Requiring Depositions of Five Execution Team Members filed by Richard Allen, Grantt Culliver. (cb, )

March 29, 2007

March 29, 2007

PACER
60

ORDERED that plaintiff Aaron Lee Jones show cause, if any there be, in writing by 3/30/07 at 12:00 noon CST, as to why said objection should not be sustained. Signed by Judge Myron H. Thompson on 3/29/2007. (cb, )

March 29, 2007

March 29, 2007

RECAP
61

DEFENDANTS' NOTICE OF FILING by Richard Allen, Grantt Culliver (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3)(cb, )

March 29, 2007

March 29, 2007

PACER
64

USCA ORDER IN RE: RICHARD F. ALLEN On Petition for Writ of Mandamus to the United States District Court for the Middle District of Alabama; we hereby vacate our previous order staying the order of the magistrate judg in this case. This court was under the misapprehension that the order which is the subject of this petition for mandamus reflief was that of the district court. It appears that the discovery order entered by the magistrate judge was never subject to a motion for reconsideration pursuant to 28 U.S.C. 636 (b)(1)(A) and Fed.R.Civ.P. 72(a). In sum, the peitioner is asking us to direct the district court to vacate an order when the petitioner, although required by law, has not himself applied to the district court for relief in the first instance. Thus, the 23 March 2007 order is not a final, reviewable order of the district court, Accordingly, the petition for mandamus relief is dismissed. It is So Ordered. BEFORE: TJOFLAT, BIRCH and BLACK, Circuit Judges. BY THE COURT: (ydw, )

April 3, 2007

April 3, 2007

RECAP
66

ORDER TO SHOW CAUSE as to why [65] Motion for Leave to File A Response to Defendants' Supplement in Opposition to Jones's Motion to Stay of Execution, should not be granted. Show Cause Response due by 4/5/2007 at 9:00 a.m. Central Daylight Time. Signed by Judge Myron H. Thompson on 4/4/2007. (cb, )

April 4, 2007

April 4, 2007

RECAP
67

ORDERED as to preserve for appeal certain documents claimed as privileged by the defendants, and viewed by this court and the magistrate judge in camera, the clerk of the court is DIRECTED to scan such documents and place the scannedcopies under seal to be viewed only by this court or the court of appeals, unless either court orders otherwise. The documents now in the possession of the court are being returned to defense counsel. Signed by Judge Myron H. Thompson on 4/4/2007. (cb, )

April 4, 2007

April 4, 2007

RECAP
69

ORDERED setting an on-the-record oral argument on 4/10/2007, at 10:00 A.M. as further set out. Counsel for plaintiff is to arrange for the argument to be conducted by telephone. Signed by Judge Myron H. Thompson on 4/5/2007. (cb, )

April 5, 2007

April 5, 2007

RECAP
70

ORDER granting [65] Motion for Leave to File Response. Signed by Judge Myron H. Thompson on 4/5/2007. (cb, )

April 5, 2007

April 5, 2007

RECAP
73

SEALED MOTION/REQUEST for an In Camera Inspection and Alternative Motion for an Order Precluding Disclosure of Plaintiff's Planned Questions of Certain Witnesses by Aaron Lee Jones. (cc, )

April 6, 2007

April 6, 2007

PACER
76

ORDERED that [73] Motion for In Camera Inspection and Alternative Motion for an Order are set for 4/10/2007 at 10:00 AM by telephone before Honorable Myron H. Thompson. Counsel for plaintiff Jones are to arrange for the argument to be conducted by telephone. Signed by Judge Myron H. Thompson on 4/9/2007. (cb, )

April 9, 2007

April 9, 2007

RECAP
78

NOTICE of Correction entered to attached the corrected pdf to [77] Response to [69] Order in Regard to Possible Questions Upon Deposition Testimony. (cb, )

April 10, 2007

April 10, 2007

RECAP
79

TRANSCRIPT of Proceedings of In-Chambers Telephone status conference (PDF available for court use only) held on March 23, 2007 before Judge Thompson. Court Reporter: Reisner. (djy, )

April 10, 2007

April 10, 2007

PACER
80

Minute Entry for Oral Argument re [24] Motion for Judgment, [26] Motion to Stay, [59] Defendant's Objection to Mag. Judge's Order and [73] Motion for In-Camera Inspection held before Judge Myron H. Thompson on 4/10/2007 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ag, )

April 10, 2007

April 10, 2007

PACER
81

ORDER by the court giving NOTICE to the parties that it hopes to have a decision in this case by Tuesday 4/17/2007, unless the parties are otherwise notified. Signed by Judge Myron H. Thompson on 4/11/07. (djy, )

April 11, 2007

April 11, 2007

RECAP
82

TRANSCRIPT of Proceedings of In-Chambers Telephone Conference (PDF available for court use only) held on 4/10/2007 before Judge Myron H. Thompson. Court Reporter: Mitchell Reisner. (cb, )

April 12, 2007

April 12, 2007

PACER
83

MOTION for Leave to File / Plaintiff's Motion for Leave to File Supplemental Authority in Support of Plaintiff's Motion for Stay of Execution and in Opposition to Defendants' Motion for Judgment on the Pleadings and Alternative Motion for Summary Judgment Regarding Statute of Limitations by Aaron Lee Jones. (Attachments: # (1) Exhibit A)(Fitzpatrick, Vincent)

1 Exhibit A

View on PACER

April 16, 2007

April 16, 2007

RECAP
84

ORDER granting [83] Motion for Leave to File a Supplemental Authority. Signed by Judge Myron H. Thompson on 4/17/2007. (cb, )

April 17, 2007

April 17, 2007

RECAP
85

ORDERED that the defendants' Motion for Judgment on the Pleadings is denied, with the result that the court will consider their alternative Motion for Summary Judgment on the merits. Signed by Judge Myron H. Thompson on 4/17/2007. (cb, )

April 17, 2007

April 17, 2007

RECAP
86

OPINION that the defendants' [24] Motion for Summary Judgment and Jones's [26] Motion for Stay of Execution are both denied. An appropriate judgment will be entered. Signed by Judge Myron H. Thompson on 4/17/2007. (cb, )

April 17, 2007

April 17, 2007

RECAP
87

FINAL JUDGMENT as follows: (1) Defendants Richard Allen and Grantt Culliver's [24] Motion for Summary Judgment is denied; and (2) Plaintiff Aaron Lee Jone's [26] Motion for Stay of Execution is denied. The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge Myron H. Thompson on 4/17/2007. (Attachments: # (1) Civil Appeals Checklist)(cb, )

1 Civil Appeals Checklist

View on PACER

April 17, 2007

April 17, 2007

RECAP
88

ORDERED that the defendants' [59] Objection to the part of the Magistrate Judge's March 23 order requiring certain depositions is overruled as moot. Signed by Judge Myron H. Thompson on 4/17/2007. (cb, )

April 17, 2007

April 17, 2007

RECAP
89

RESPONSE in Support re [26] MOTION to Stay of Execution / Plaintiff's Supplemental Authority in Support of Plaintiff's Motion for Stay of Execution and in Opposition to Defendants' Motion for Judgment on the Pleadings and Alternative Motion for Summary Judgment Regarding Statute of Limitations by Aaron Lee Jones. (Attachments: # (1) Exhibit A)(Fitzpatrick, Vincent)

1 Exhibit A

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April 18, 2007

April 18, 2007

RECAP
90

MOTION to Alter Judgment [87] Judgment, / Plaintiff's Motion to Alter or Amend Judgment by Aaron Lee Jones. (Fitzpatrick, Vincent)

April 19, 2007

April 19, 2007

RECAP
91

ORDERED that the defendant show cause, if any there be, in writing by 4/20/07, at 2:00 p.m. as to why said motion should not be granted. Signed by Judge Myron H. Thompson on 4/19/2007. (cb, )

April 19, 2007

April 19, 2007

RECAP
92

Objection to re [90] MOTION to Alter Judgment [87] Judgment, / Plaintiff's Motion to Alter or Amend Judgment filed by Richard Allen. (Crenshaw, James)

April 20, 2007

April 20, 2007

RECAP
93

ORDERED that [90] Motion to Alter or Amend Judgment is granted to the extent that clarification is made and is denied in all other respects as further set out. Signed by Judge Myron H. Thompson on 4/20/2007. (cb, )

April 20, 2007

April 20, 2007

RECAP
94

NOTICE OF APPEAL by Aaron Lee Jones to the United States Court of Appeal for the Eleventh Circuit from the [86] Memorandum Opinion and Order, [87] Judgment, entered on 4/17/07. Copies mailed (ydw, )

April 23, 2007

April 23, 2007

RECAP
95

ORDER denying [73] Request for an In Camera Inspection and Alternative Motion for Order precluding disclosure are denied as moot. Signed by Judge Myron H. Thompson on 5/22/2007. (cb, )

May 22, 2007

May 22, 2007

RECAP
96

ORDERED that the parties show cause, if any there be, in writing by June 1, 2007, as to why this cause should not be dismissed. Signed by Judge Myron H. Thompson on 5/22/2007. (cb, )

May 22, 2007

May 22, 2007

RECAP
97

FINAL JUDGMENT that this case is dismissed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 6/5/2007. (Attachments: # (1) Civil Appeals Checklist)(cb, )

1 Civil Appeals Checklist

View on PACER

June 5, 2007

June 5, 2007

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 1, 2006

Closing Date: May 3, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A condemned Alabama prisoner who seeks to prevent the defendants from using Alabama's current lethal injection procedures to execute him.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Department of Corrections, 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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General