Case: Boltz v. Jones

Boltz v. Jones

Boltz v. Jones

U.S. Court of Appeals for the Tenth Circuit

MOTION for Permanent Injunction, MOTION for Temporary Restraining Order by John Albert Boltz. (db, ) (Entered: 05/30/2006)

Docket Annotation: Case was inadvertantly opened with Judge Cauthron assigned. Case should have been assigned to Judge Leonard as the next judge in the draw. (kw, ) (Entered: 05/30/2006)

ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. Friot for all further proceedings. Judge Tim Leonard no longer assigned to case. Entered at the direction of Judge Tim Leonard on 5/30/06. (llg) (Entered: 05/30/2006)

ORDER Setting Hearing on 2 MOTION for Temporary Restraining Order and/or Permanent Injunction: Motion Hearing set for 6/1/2006 11:30 AM in Courtroom #304 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 5/30/06. (llg) (Entered: 05/30/2006)

ENTRY of Appearance by Preston Saul Draper on behalf of all defendants (Draper, Preston) (Entered: 05/31/2006)

ENTRY of Appearance by Richard N Mann on behalf of Robert L Rainey, Earnest D Ware, Beverly Young, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull (Mann, Richard) (Entered: 05/31/2006)

MOTION to Supplement Application for TRO by John Albert Boltz. (Hankins, James) (Entered: 05/31/2006)

RESPONSE to Motion re 2 MOTION for Permanent Injunction MOTION for Temporary Restraining Order filed by Robert L Rainey, Earnest D Ware, Beverly Young, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull. (Attachments: # 1 Exhibit 1 - Motion for Stay# 2 Exhibit 2 - Order# 3 Exhibit 3 - Order)(Mann, Richard) (Entered: 05/31/2006)

SUPPLEMENT Materials for TRO by John Albert Boltz. (Attachments: # 1 Attachment Medical Examiner report# 2 Affidavit Mike Mullin Affidavit)(Hankins, James) (Entered: 06/01/2006)

NOTICE OF APPEAL by Robert L Rainey, Earnest D Ware, Beverly Young, John Doe, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull. (Draper, Preston) (Entered: 06/01/2006)

Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 6/1/2006 re [2-1] MOTION for Temporary Restraining Order filed by John Albert Boltz. Upon oral mtn of plf's counsel, Glenn Anderson & Charles Taylor (plfs in CIV-05-825) are granted leave to appear in this action as amici. Lisa McCalmont appears on behalf of the amici. Dfts' Exs. 1 & 2 admitted. Amici's Ex. 1 admitted. [2-1] Plf's Mtn for TRO is GRANTED, for the reasons set forth in detail on the record. Dfts are temporarily restrained from executing plf pending further order of the ct. [2-2] Plf's Mtn for Preliminary Injunction is set for hrg on 6/28/06 9:00 AM. A written order will follow. Plf is granted until 6/14/06 to submit add'l briefing. Dfts may submit responsive briefing by 6/26/06. Dfts give oral notice of intent to appeal. (Court Reporter Tracy Washbourne.) (llg) (Entered: 06/01/2006)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 10 Notice of Appeal (dl, ) (Entered: 06/01/2006)

EXHIBITS Admitted During June 1, 2006 Hearing on Motion for Temporary Restraining Order. (Attachments: # 1 Amici Exhibit No. 1# 2 Defendant's Exhibit No. 1# 3 Defendant's Exhibit No. 2)(lb) (Entered: 06/01/2006)

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction. Motion Hearing set for 6/28/2006 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. (llg) (Entered: 06/01/2006)

Receipt for Money Received from James L Hankins in the amount of $350.00, receipt number 116618. (lb) (Entered: 06/02/2006)

TEMPORARY RESTRAINING ORDER. Dfts are restrained from executing John Albert Boltz until a date after 6/28/06, the date on which plf's mtn for a preliminary injunction will be heard at 9:00 AM. In open court, the court established a briefing sc hedule. Counsel are reminded that their yet-to-be filed brief should address the issue of whether there is any basis, in any event, for further delay of the execution (as distinguished from relief addressed to the method of execution). Signed by Judge Stephen P. Friot on 6/1/06. (llg)

ADMINISTRATIVE CLOSING ORDER: It appearing that the issues in this case have become moot, this action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days, action is deemed dismissed. Neither this order nor the deemed dismissal referred to in the preceding sentence shall constitute an adjudication on the merits. The proceedings in this case have no res judicata or other preclusive effect vis-a-vis the amici. Signed by Judge Stephen P. Friot on 6/2/06. (llg) (Entered: 06/02/2006)

USCA Appeal Fee received in the amount of $ 455, receipt number 116651, re 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/06/2006)

MANDATE From USCA - The district court's ruling on the motion to stay execution is REVERSED and its temporary restraining order is VACATED - 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/07/2006)

MANDATE From USCA - Amended Order and Judgment 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/07/2006)