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1
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APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT by Thomas Clyde Bowling (Attachments: # (1) Inmate Account Statement)(CBD)
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May 22, 2007
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May 22, 2007
PACER
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2
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APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT by Ralph Baze (Attachments: # (1) Inmate Account Statement)(CBD)
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May 22, 2007
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May 22, 2007
PACER
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3
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APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT by Jeffrey Leonard (Attachments: # (1) Inmate Account Statement)(CBD) Modified text to better describe doc. on 5/22/2007 (Dearborn, Christy).
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May 22, 2007
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May 22, 2007
PACER
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4
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NOTICE OF FILING OF APPLICATIONS TO PROCEED IN FORMA PAUPERIS IN COMPLIANCE WITH 28 U.S.C 1915 by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze re [2] MOTION for Leave to Proceed in forma pauperis by Ralph Baze, [1] MOTION for Leave to Proceed in forma pauperis by Thomas Clyde Bowling, [3] MOTION for Leave to Proceed in forma pauperis by Jeffrey Leonard (CBD)
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May 22, 2007
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May 22, 2007
PACER
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5
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Filing fee $0), filed by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze. (Attachments: # (1) Case Assignment# (2) Civil Cover Sheet # (3) Prepared Summons as to Haas# (4) Prepared Summons as to Rees# (5) Prepared Summons as to Simpson)(CBD) Additional attachment(s) added on 5/23/2007 (Ratliff, Kay).
2 Case Assignment
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3 Civil Cover Sheet
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4 Prepared Summons as to Haas
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5 Prepared Summons as to Rees
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6 Prepared Summons as to Simpson
View on PACER
7 Exhibit Commissioner's Grievance Rejection Notice
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8 Exhibit Plaintiffs' appeal of grievance to DOC Commissioner
View on PACER
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May 22, 2007
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May 22, 2007
PACER
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6
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NOTICE of Appearance by David Barron for pltfs Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze (CBD)
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May 22, 2007
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May 22, 2007
PACER
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7
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NOTICE OF FILING by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze re [5] Complaint, Exhibits to Complaint for Declaratory Judgment (Attachments: # (1) Exhibit Commissioner's Grievance Rejection Notice# (2) Exhibit Plaintiffs' appeal of grievance to DOC Commissioner)(Barron, David)
2 Exhibit Commissioner's Grievance Rejection Notice
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3 Exhibit Plaintiffs' appeal of grievance to DOC Commissioner
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May 22, 2007
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May 22, 2007
PACER
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8
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ORDER Directing Monthly Payments be made from Prison Accounts of Ralph Baze, Thomas Clyde Bowling, & Jeffrey Leonard: 1) pltfs' mtns [1], [2] & [3] GRANTED 2) dft are Scott Haas, John D. Rees, Thomas Simpson and Unknown Executioners 3) prisoner-pltfs required to pay their proportional share of the 350.00 filing fee 4) Bowling assessed initial partial filing fee of $29.94 5) Baze assessed initial partial filing fee of $36.85 6) Leonard assessed an initial partial filing fee of $6.68 7) w/in 30 days pltfs cause to be pd to clerk their initial partial filing fees 8) prisoner's custodian shall submit monthly payments until his respective portion has been paid 9) Clerk open acct for rcpt of prisoner's portion of the filing fee 10) Clerk serve a copy of this order upon Jailers/Wardens of institutions in which prisoners are currently confined and upon Ofc of Gen. Counsel for the Dept. of Corrections. Signed by Judge Karen K. Caldwell. (Attachments: # (1) Notice (Form 120) - Ralph Baze# (2) Notice (Form 120) - Thomas Clyde Bowling# (3) Notice (Form 120) - Jeffrey Leonard)(CBD)cc: COR, Warden KSP (all prisoners confined at KSP), Ofc Gen Counsel Dept of Corrections
2 Notice (Form 120) - Ralph Baze
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3 Notice (Form 120) - Thomas Clyde Bowling
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4 Notice (Form 120) - Jeffrey Leonard
View on PACER
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June 7, 2007
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June 7, 2007
PACER
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9
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ORDER TO SHOW CAUSE: pltfs show cause w/in 30 days why their cmp should not be dismissed for failure to state claim and for want of subject matter jurisdiction. Signed by Judge Karen K. Caldwell. (CBD)cc: COR
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June 7, 2007
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June 7, 2007
RECAP
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10
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ORDER: 1) Clerk prepare and serve copies of summons and compliant on behalf of pltfs hereinafter described 2) Fkt Clerk prepare and issue summons for Dr. Scott Haas, Commisisoner John D. Rees, and Warden Thomas Simpson 3) Fkt Clerk also directed to prepare 3 sets of doc.s, each set consisting of copies of summons, complaint, and instant Order. One set of each be served on dfts Haas, Rees and Simpson at offices of Ky Dept of Corrections 4) Fkt Clerk complete USM Form 285, if required. If insufficent info exists to complete summons or USM Form 285, Clerk promptly make clerk's entry on docket stating why Clerk cannot fill out summons or USM Form 285 or any other doc.s necessary to effectuate service 5) After Fkt Clerk's Ofc has prepared (forms), a Deputy Clerk in that office shall forward doc.s, by cert. mail, to USM Ofc in Lexington, KY and shall enter cert mail rcpt into instant record 6) USM serve documents. Service shall be made by certified mail, return receipt requested. 7) USM shall make a return report to Court of whether summons is executed or unexecuted w/in 40 days of date of entry of this Order 8) Clerk send copy of this Order to pltfs. Signed by Judge Karen K. Caldwell. (CBD)cc: COR
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June 14, 2007
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June 14, 2007
PACER
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11
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Summons Issued (Org. + 1) as to Scott Haas, John D. Rees, Thomas Simpson; issued summons, copy of complaint and Order [10] for each dft and a USM Form 285 forwarded to USM Lexington, KY for service to be made by Certified Mail, Return Receipt Requested. (Attachments: # (1) USM Form 285# (2) Certiffied Mail Receipt)(CBD)
2 USM Form 285
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3 Certiffied Mail Receipt
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June 14, 2007
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June 14, 2007
PACER
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12
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AMENDED COMPLAINT against all defendants, filed by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze.(Barron, David)
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June 18, 2007
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June 18, 2007
PACER
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13
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CERTIFIED MAIL RECEIPT to US Marshal re [11] Summons Issued. (CBD)
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June 19, 2007
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June 19, 2007
PACER
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14
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SUMMONS Returned Executed by USM-285 for Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze via certified mail to Scott Haas served on 6/18/2007, answer due 7/9/2007. (CBD)
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June 21, 2007
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June 21, 2007
PACER
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15
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SUMMONS Returned Executed by USM-285 for Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze via certified mail to John D. Rees served on 6/18/2007, answer due 7/9/2007. (CBD)
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June 21, 2007
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June 21, 2007
PACER
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16
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RESPONSE TO ORDER TO SHOW CAUSE by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze. (Palombi, John)
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July 9, 2007
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July 9, 2007
PACER
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17
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NOTICE OF APPEARANCE by Scott Haas, John D. Rees, Thomas Simpson.(Cummings, John)
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July 9, 2007
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July 9, 2007
PACER
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18
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MOTION for Extension of Time to File Answer re [12] Amended Complaint, [5] Complaint, by Scott Haas, John D. Rees, Thomas Simpson (Attachments: # (1) Proposed Order Granting Motion for Extension of Time)(Cummings, John)
2 Proposed Order Granting Motion for Extension of Time
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July 9, 2007
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July 9, 2007
PACER
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19
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RESPONSE in Opposition re [18] MOTION for Extension of Time to File Answer re [12] Amended Complaint, [5] Complaint, by Scott Haas, John D. Rees, Thomas Simpson filed by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze. (Attachments: # (1) Exhibit Lex Herald Leader news article# (2) Exhibit proposed order denying Defendants' motion for extension of time)(Barron, David)
2 Exhibit Lex Herald Leader news article
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3 Exhibit proposed order denying Defendants' motion for extension of time
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July 10, 2007
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July 10, 2007
PACER
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20
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STRICKEN pursuant to Order [21] Modified on 7/17/2007 (Dearborn, Christy).
2 Exhibit proposed order compelling Defendants to file responsive pleading to Comp
View on PACER
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July 10, 2007
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July 10, 2007
PACER
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21
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ORDER: 1) Clerk STRIKE pltf's Motion to Compel [20] 2) dfts' Motion [18] for Extension of Time to Answer [12] Amended Complaint is GRANTED. Dfts have to and until 7/24/2007 to file answer or resp. pldg to the (Amended) Complaint 3) dft directed to file memo in reply to issues raised by Court's 7/7/2007 Order to Show Cause [9] and addressed by pltf's 7/9/2007 Response [16] on or before 8/1/2007. Pltfs are directed to neither file nor tender any further briefing on said issues except upon further Order from the Court . Signed by Judge Karen K. Caldwell. (CBD)cc: COR
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July 17, 2007
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July 17, 2007
RECAP
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22
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MOTION for Extension of Time to File Response/Reply as to [16] Response to Order to Show Cause, [21] Order on Motion to Compel, Order on Motion for Extension of Time to Answer,,,, by Scott Haas, John D. Rees, Thomas Simpson (Attachments: # (1) Memorandum in Support of Motion for Additional Time to File Reply# (2) Proposed Order Granting Motion for Additional Time to File Reply)(Cummings, John)
2 Memorandum in Support of Motion for Additional Time to File Reply
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3 Proposed Order Granting Motion for Additional Time to File Reply
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July 19, 2007
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July 19, 2007
PACER
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23
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ORDER: Dfts' Motion [22] is GRANTED. Dfts shall have to & until 8/15/07 to file memo regarding issues raised by Court in its 6/7/07 Order to Show Cause (Record No. [9]) . Signed by Judge Karen K. Caldwell. (AKR)cc: COR
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July 20, 2007
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July 20, 2007
PACER
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24
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NOTICE OF APPEARANCE by Scott Haas, John D. Rees, Thomas Simpson.(Middendorf, Jeffrey)
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July 20, 2007
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July 20, 2007
PACER
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25
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ANSWER to Amended Complaint for Declaratory Judgment by Scott Haas, John D. Rees, Thomas Simpson.(Cummings, John)
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July 24, 2007
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July 24, 2007
RECAP
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26
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SUMMONS Returned Executed by USM (USM 285) for Thomas Clyde Bowling; via Certified Mail to Thomas Simpson served on 6/18/2007, answer due 7/9/2007. (Attachments: # (1) Green Card and Copy of Summons)(CBD)
2 Green Card and Copy of Summons
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Aug. 9, 2007
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Aug. 9, 2007
PACER
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27
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REPLY to [9], [23] the Plaintiffs' Response to the Court's Show Cause Order filed by Scott Haas, John D. Rees, Thomas Simpson. (Cummings, John)
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Aug. 15, 2007
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Aug. 15, 2007
RECAP
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28
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EMERGENCY MOTION for Preliminary Injunction by Ralph Baze Motion for preliminary injunction barring Baze's execution on Sept. 25th (Attachments: # (1) Memorandum in Support Memo in support of emergency motion for preliminary injunction# (2) Exhibit Statement from Governor's Office on Intent to sign death warrant on Baze# (3) Exhibit news article on Governor's statements concerning pending litigation# (4) Exhibit Utah Controlled Substances Act regulations and rules# (5) Proposed Order granting Baze's motion for a preliminary injunction barring his execution)(Barron, David)
2 Memorandum in Support of emergency motion for preliminary injunction
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3 Exhibit - Statement from Governor's Office on Intent to sign death warrant
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4 Exhibit - news article on Governor's statements concerning pending litigati
View on PACER
5 Exhibit - Utah Controlled Substances Act regulations and rules
View on PACER
6 Proposed Order granting Baze's motion for a preliminary injunction barring
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Aug. 24, 2007
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Aug. 24, 2007
PACER
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29
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EMERGENCY MOTION for Judgment on the Pleadings by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze (Attachments: # (1) Proposed Order Granting Partial Judgment on the Pleadings)(Palombi, John) Modified text on 8/27/2007 (Dearborn, Christy).
2 Proposed Order Granting Partial Judgment on the Pleadings
View on PACER
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Aug. 27, 2007
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Aug. 27, 2007
PACER
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30
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EMERGENCY MOTION to Expedite by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze ruling on jurisdictional quesstion raised sua sponte (Attachments: # (1) Proposed Order)(Palombi, John) Modified text to include text in italics to better describe pleading on 9/4/2007 (Ratliff, Kay).
2 Proposed Order
View on PACER
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Sept. 2, 2007
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Sept. 2, 2007
PACER
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31
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RESPONSE to Motion re [30] EMERGENCY MOTION to Expedite by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze filed by Scott Haas, John D. Rees, Thomas Simpson. (Attachments: # (1) Exhibit 1 - DOC Letter dated May 14, 2002 to DPA# (2) Exhibit 2 - Justice Cabinet Letter dated August 3, 2004 to DPA# (3) Exhibit 3 - Exhibits to Complaint and Consolidated Memorandum of Law, Case No. 04-CI-1094 Franklin Circuit)(Cummings, John)
2 Exhibit 1 - DOC Letter dated May 14, 2002 to DPA
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3 Exhibit 2 - Justice Cabinet Letter dated August 3, 2004 to DPA
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4 Exhibit 3 - Exhibits to Complaint and Consolidated Memorandum of Law, Case No. 0
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Sept. 6, 2007
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Sept. 6, 2007
PACER
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32
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RESPONSE in Opposition re [29] MOTION for Judgment on the Pleadings by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze filed by Scott Haas, John D. Rees, Thomas Simpson. (Cummings, John)
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Sept. 6, 2007
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Sept. 6, 2007
PACER
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33
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NOTICE by Ralph Baze re [28] EMERGENCY MOTION for Preliminary Injunction by Ralph Baze, [29] MOTION for Judgment on the Pleadings by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze, [30] EMERGENCY MOTION to Expedite by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze BAZE'S EXECUTION IS AT 7P.M. CENTRAL ON SEPTEMBER 25, 2007 (Barron, David)
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Sept. 6, 2007
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Sept. 6, 2007
PACER
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34
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REPLY to Response to Motion re [30] EMERGENCY MOTION to Expedite by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Bazereply to response to emergency motion to expedite ruling on jurisdiction filed by Ralph Baze. (Barron, David)
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Sept. 7, 2007
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Sept. 7, 2007
PACER
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35
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REPLY to Response to Motion re [29] MOTION for Judgment on the Pleadings by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Bazereply to response opposing partial judgment on the pleadings filed by Ralph Baze. (Barron, David)
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Sept. 7, 2007
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Sept. 7, 2007
PACER
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36
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RESPONSE in Opposition re [28] EMERGENCY MOTION for Preliminary Injunction by Ralph Baze filed by Scott Haas, John D. Rees, Thomas Simpson. (Attachments: # (1) Exhibit 1 - Lambert v. Buss, 2007 WL 2265143# (2) Proposed Order Denying Plaintiff's Motion)(Cummings, John)
2 Exhibit 1 - Lambert v. Buss, 2007 WL 2265143
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3 Proposed Order Denying Plaintiff's Motion
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Sept. 11, 2007
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Sept. 11, 2007
PACER
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37
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REPLY to Response to Motion re [28] EMERGENCY MOTION for Preliminary Injunction by Ralph BazeBaze's reply to response opposing injunction barring his execution filed by Ralph Baze. (Barron, David)
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Sept. 11, 2007
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Sept. 11, 2007
PACER
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38
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NOTICE by Ralph Baze re [28] EMERGENCY MOTION for Preliminary Injunction by Ralph Baze, [29] MOTION for Judgment on the Pleadings by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze, [30] EMERGENCY MOTION to Expedite by Jeffrey Leonard, Thomas Clyde Bowling, Ralph Baze Commonwealth has sought reconsideration of order staying Baze execution (Barron, David)
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Sept. 13, 2007
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Sept. 13, 2007
PACER
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39
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MOTION to Withdraw as Attorney by Scott Haas, John D. Rees, Thomas Simpson (Attachments: # (1) Proposed Order Granting Motion)(Cummings, John)
2 Proposed Order Granting Motion
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Nov. 21, 2007
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Nov. 21, 2007
PACER
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40
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ORDER: 1. Jeffrey T. Middendorf's Motion to Withdraw [Dkt 39] is GRANTED. (Attorney Jeffrey T. Middendorf terminated). Signed by Judge Karen K. Caldwell on 11/26/2007. (AKR)cc: COR
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Nov. 26, 2007
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Nov. 26, 2007
PACER
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41
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MOTION to Withdraw by Jeffrey Leonard leonard's motion to withdraw as plaintiff because death sentence commuted Motions referred to Pro Se. (Attachments: # (1) Exhibit Governor's commutation of Leonard's death sentence, # (2) Proposed Order granting Leonard's motion to withdraw as Plaintiff)(Barron, David)
2 Exhibit Governor's commutation of Leonard's death sentence
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3 Proposed Order granting Leonard's motion to withdraw as Plaintiff
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Dec. 11, 2007
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Dec. 11, 2007
PACER
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42
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ORDER: 1) Pltf Jeoffrey Leonard's Motion to Withdraw as Plaintiff [41] is GRANTED. Intervenor Complaint filed by Leonard is DISMISSED WITH PREJUDICE. Appropriate Jgm will be entered. 2) Pltf Ralph Baze's [28] EMERGENCY MOTION for Preliminary Injunction is DENIED AS MOOT 3) Pltfs' [30] EMERGENCY MOTION to Expedite Ruling is DENIED AS MOOT 4) Pltfs' [29] MOTION for Partial Judgment on the Pleadings is DENIED WITHOUT PREJUDICE. 5) Pltfs file memo of law w/in 45 days after entry of this Order. Dfts shall file a memo of law, in response w/in 30 days after pltfs file their memo. Pltfs may file a memo of law, in reply w/in 15 days after dfts file their response. Signed by Judge Karen K. Caldwell on 3/20/2008.(CBD)cc: COR, skv
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March 20, 2008
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March 20, 2008
RECAP
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43
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JUDGMENT: 1) Jeoffrey Leonard filed a civil action against John D. Rees; Thomas Simpson; Scott Haas; and Unknown Executioners 2) the complaint is DISMISSED WITH PREJUDICE 3) Jgm is ent in favor of dfts 4) Court certifies any appeal would not be taken in good faith. 5) this is FINAL and APPEALABLE Jgm and there is no just cause for delay 6) matter DISMISSED and STRICKEN. Signed by Judge Karen K. Caldwell on 3/20/2008.(CBD)cc: COR, skv
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March 20, 2008
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March 20, 2008
RECAP
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44
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RESPONSE BRIEF to [42] Order Requiring Briefing On Claim Preclusion filed by Thomas Clyde Bowling, Ralph Baze. (Palombi, John)
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May 5, 2008
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May 5, 2008
RECAP
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45
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RESPONSE BRIEF to [42], [44] Order Requiring Briefing On Claim Preclusion filed by Scott Haas, John D. Rees, Thomas Simpson. (Attachments: # (1) Exhibit Exhibit 1 Complaint in Baze v. Rees, # (2) Exhibit Exhibit 2 Judgment in Baze v. Rees, # (3) Exhibit Exhibit 3 Excerpt from Depo of Dr. Scott Haas)(Cummings, John)
1 Exhibit Exhibit 1 Complaint in Baze v. Rees
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2 Exhibit Exhibit 1 Complaint in Baze v. Rees
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3 Exhibit Exhibit 2 Judgment in Baze v. Rees
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4 Exhibit Exhibit 3 Excerpt from Depo of Dr. Scott Haas
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June 4, 2008
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June 4, 2008
RECAP
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46
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REPLY BRIEF to [45], [42] filed by Thomas Clyde Bowling, Ralph Baze. (Palombi, John)
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June 19, 2008
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June 19, 2008
RECAP
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47
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NOTICE by Ralph Baze, Thomas Clyde Bowling re [44] RESPONSE BRIEF, [16] Response to Order to Show Cause notice of supplemental authority to Plaintiffs' briefs on jurisdiction and res judicata - Ringo v. Lombardi, No. 2:09-cv-04095 (W.D. Mo., March 2, 2010) (Attachments: # (1) Ringo v. Lombardi, No. 2:09-cv-04095 (W.D. Mo., March 2, 2010))(Barron, David)
1 Ringo v. Lombardi, No. 2:09-cv-04095 (W.D. Mo., March 2, 2010)
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March 3, 2010
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March 3, 2010
RECAP
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48
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MOTION to Expedite by Ralph Baze, Thomas Clyde Bowling motion to expedite ruling on threshold issues of subject matter jurisdiction, whether Plaintiffs have stated a claim upon which relief can be granted, and claim preclusion Motions referred to Pro Se. (Attachments: # 1 Proposed Order granting motion to expedite)(Barron, David) (Entered: 03/30/2010)
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March 30, 2010
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March 30, 2010
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***MOTION SUBMITTED TO CHAMBERS of Pro Se Law clerk for review: re 48 MOTION to Expedite by Ralph Baze, Thomas Clyde Bowling ruling on threshold issues of subject matter jurisdiction, whether Plaintiffs have stated a claim upon which relief can be granted, and claim preclusion (CBD) (Entered: 03/31/2010)
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March 31, 2010
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March 31, 2010
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49
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RESPONSE to Motion re 48 MOTION to Expedite by Ralph Baze, Thomas Clyde Bowling motion to expedite ruling on threshold issues of subject matter jurisdiction, whether Plaintiffs have stated a claim upon which relief can be granted, and claim preclusion filed by Scott Haas, John D. Rees, Thomas Simpson. (Cummings, John) (Entered: 04/06/2010)
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April 6, 2010
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April 6, 2010
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re 48 MOTION to Expedite by Ralph Baze, Thomas Clyde Bowling motion to expedite ruling on threshold issues of subject matter jurisdiction, whether Plaintiffs have stated a claim upon which relief can be granted, and claim preclusion . Response (unopposed to motion) re 49 . (AKR) (Entered: 04/07/2010)
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April 7, 2010
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April 7, 2010
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51
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NOTICE by Ralph Baze, Thomas Clyde Bowling re 16 Response to Order to Show Cause plaintiffs' notice of potentially relevant decision (Durr v. Strickland) to briefing on subject matter jurisdiction and failure to state claim upon which relief can be granted (Barron, David) (Entered: 04/22/2010)
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April 22, 2010
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April 22, 2010
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***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 51 Notice of potentially relevant decision (Durr v. Strickland) to briefing on subject matter jurisdiction and failure to state claim upon which relief can be granted . (AKR) (Entered: 04/22/2010)
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April 22, 2010
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April 22, 2010
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52
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MEMORANDUM OPINION & ORDER: 1. Plaintiffs' "Motion to expedite..." 48 is GRANTED 2. Plaintiffs' Complaint 5 is DISMISSED WITH PREJUDICE 3. The Court will enter an appropriate judgment. Signed by Judge Karen K. Caldwell on 9/23/2010.(CBD)cc: COR
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Sept. 23, 2010
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Sept. 23, 2010
RECAP
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53
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JUDGMENT: The Complaint filed under the Controlled Substances Act, 21 U.S.C. § 801-971, and the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301-399a, by plaintiffs Thomas Clyde Bowling and Ralph Baze against Defendants Scott Haas; John D. Rees; Thomas Simpson; and Unknown Executioners 5 is DISMISSED WITH PREJUDICE and Judgment is ENTERED in favor of the Defendants. Signed by Judge Karen K. Caldwell on 9/23/2010.(CBD)cc: COR
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Sept. 23, 2010
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Sept. 23, 2010
RECAP
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