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12-316 - In Re: Alabama Lethal Injection Protocol Litigation (DEATH PENALTY)(LEAD)


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12-316 - In Re: Alabama Lethal Injection Protocol Litigation (DEATH PENALTY)(LEAD)
January 16, 2015
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ORDER TO SHOW CAUSE, in writing, as to why 28 Motion for Leave to amend complaint should not be granted; Show Cause Response due by 1/23/2015. Signed by Chief Judge William Keith Watkins on 1/16/15. (djy, )
March 19, 2015
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ORDER as follows: 1. This proceeding is STAYED generally. 2. 2. Within fourteen (14) days from the Supreme Courts decision in Glossip, the parties shall jointly, if possible, or individually, if not, file a statement or appropriate motion that informs the court of their respective positions on the issues in this case in view of the Glossip decision as further set out in the order. 3. The States Motion to Dismiss (Doc. 40) is DENIED with LEAVE to REFILE following the Supreme Courts decision in Glossip. Signed by Chief Judge William Keith Watkins on 3/19/2015. (dmn, )
July 24, 2015
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ORDERED as follows:1. The stay of this proceeding by order dated March 19, 2015 (Doc. # 41)is LIFTED. 2. Grayson shall FILE an amended complaint that complies with Local Rule 15.1, on or before August 18, 2015, to correct the deficiency outlined above.Failure to do so will result in dismissal of Grayson's Eighth Amendment claim.3. The States renewed motion to dismiss (Doc. # 45) is DENIED with LEAVE TO REFILE following the filing of Grayson's amended complaint. The State shall answer or otherwise respond to Grayson's amended complaint no later than fourteen (14) days from the date it is filed.. Signed by Chief Judge William Keith Watkins on 7/24/2015. (kh, ) Modified on 7/24/2015 (kh, ). Modified on 7/24/2015 to correct the docket text. (kh, ).
December 22, 2015
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MEMORANDUM OPINION AND ORDER: it is ORDERED that Brooks's Emergency 81 Motion to Stay Execution is DENIED. Signed by Chief Judge William Keith Watkins on 12/22/2015. (wcl, )
October 31, 2016
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MEMORANDUM OPINION AND ORDER: ORDERED that: 1. Defendants' Motion for Summary Judgment on Plaintiffs' Eighth Amendment claims (Doc. # 127) is GRANTED. 2. Judgment is entered in Defendants' favor on the Eighth Amendment claims of Plaintiffs Carey Dale Grayson, Demetrius Frazier, David Lee Roberts, Robin Dion Myers, and Gregory Hunt. 3. Pursuant to Federal Rule of Civil Procedure 54(b), and the court's finding that there is no just reason for delay, a Final Judgment in Defendants' favor on all claims asserted by Demetrius Frazier, David Lee Roberts, Robin Dion Myers, and Gregory Hunt will be entered contemporaneously with this Memorandum Opinion and Order. 4. All claims asserted by Plaintiffs Frazier, Roberts, Myers, and Hunt against Defendants having been resolved, the actions filed by Demetrius Frazier (2:13- cv-0781-WKW), David Lee Roberts (2:14-cv-1028-WKW), Robin Dion Myer (2:14- v-1029-WKW), and Gregory Hunt (2:14-cv-1030-WKW) are DISMISSED. 5. There being no just reason for delay, pursuant to Federal Rule of Civil Procedure 54(b), this is a final and appealable Order as to Plaintiffs Demetrius Frazier, David Lee Roberts, Robin Dion Myers, and Gregory Hunt. 6. Grayson's Fourteenth Amendment claim remains pending. Signed by Chief Judge William Keith Watkins on 10/31/2016. (kh, ) Modified on 10/31/2016 to correct the text. (kh, ).
November 18, 2016
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MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1. Defendants' Consolidated Motion to Dismiss (Doc. # 160) is GRANTED IN PART, only with respect to Plaintiff Ronald Bert Smith. The motion remains pending as to Plaintiffs Charles Lee Burton, Robert Bryant Melson, Geoffrey Todd West, and Torrey Twane McNabb. 2. From the face of the Complaint, Smith's action is time-barred and is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(6). 3. Judgment is entered in Defendants' favor on Smith's action, Ronald Bert Smith v. Jefferson S. Dunn, et al., 2:16-CV-0269-WKW (M.D. Ala.). 4. Pursuant to Federal Rule of Civil Procedure 54(b), and the court's finding that there is no just reason for delay, a Final Judgment in Defendants' favor on all claims asserted by Smith will be entered contemporaneously with this Memorandum Opinion and Order. 5. This is a FINAL and APPEALABLE Order as to Ronald Bert Smith. Signed by Chief Judge William Keith Watkins on 11/18/2016. (kh, )
February 28, 2017
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MEMORANDUM OPINION AND ORDER: it is ORDERED that: 1. Judgment is entered in Defendants favor on Grayson's Fourteenth Amendment equal protection claim. 2. Pursuant to Federal Rule of Civil Procedure 54(b), and the court's finding that there is no just reason for delay, a Final Judgment in Defendants' favor on all claims asserted by Plaintiff Carey Dale Grayson will be entered contemporaneously with this Memorandum Opinion and Order. 3. This is a FINAL and APPEALABLE Order as to Plaintiff Carey Dale Grayson. Signed by Chief Judge William Keith Watkins on 2/28/2017. (kh, )
March 31, 2017
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MEMORANDUM OPINION AND ORDER directing that: (1) consolidated plfs' 231 MOTION for Leave to File Amended Complaints, and plf Jeffery Lynn Borden's motion for leave to file amended complaint filed in Borden v. Dunn, 2:16cv733-WKW Doc 15 are DENIED; (2) defs' 160 consolidated motion to dismiss intervenor plfs' complaints is GRANTED; (3) judgment is entered in defs' favor on consolidated plfs' claims in the following actions: (a) Charles Lee Burton v. Jefferson S. Dunn, et al., 2:16-CV-0267-WKW (M.D. Ala.); (b) Robert Bryant Melson v. Jefferson S. Dunn, et al., 2:16-CV-0268-WKW (M.D. Ala.); (c) Geoffrey Todd West v. Jefferson S. Dunn, et al., 2:16-CV-0270-WKW (M.D. Ala.); (d) Torrey Twane McNabb v. Jefferson S. Dunn, et al., 2:16-CV-0284-WKW (M.D. Ala.); (e) Jeffery Lynn Borden v. Jefferson S. Dunn, et al., 2:16-CV-0733-WKW (M.D. Ala.); (5) This is a FINAL and APPEALABLE Order as to Plaintiffs Charles Lee Burton, Robert Bryant Melson, Geoffrey Todd West, Torrey Twane McNabb, and Jeffery Lynn Borden. A separate judgment will be entered. Signed by Chief Judge William Keith Watkins on 3/31/17. (djy, )
March 31, 2017
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FINAL JUDGMENT, in accordance with the prior proceedings, opinions, and orders of the court, and upon a finding that there is no just reason for delay, it is the ORDER, JUDGMENT, and DECREE of the court that judgment is ENTERED in favor of Defendants Jefferson S. Dunn, Walter Myers, Carter Davenport, and Cynthia Stewart, and against Plaintiffs Charles Lee Burton, Robert Bryant Melson, Geoffrey Todd West, Torrey Twane McNabb, and Jeffrey Lynn Borden; directing the clerk to enter this document on the civil docket as a final judgment pursuant to FRCP 58.. Signed by Chief Judge William Keith Watkins on 3/31/17. (Attachments: # (1) civil appeals checklist)(djy, )
October 5, 2017
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ending further proceedings in this case, in accordance with the Eleventh Circuit's instructions to the district court, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/5/17. (djy, ) Modified on 11/14/2017 (kh, ).(VACATED PURSUANT TO THE COURT'S 344 ORDER) MEMORANDUM OPINION AND ORDER (applies to member case 2:16cv733-WKW) GRANTING Borden's 298 Emergency MOTION for a Stay of Execution; Mr. Borden's 10/5/2017 execution date is STAYED p
October 16, 2017
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MEMORANDUM OPINION AND ORDER: Accordingly, for the reasons stated and those expressed by the Eleventh Circuit Court of Appeals, and in the face of a mandate, McNabb's Emergency Motion for a Stay of Execution (Doc. # 307), seeking injunctive relief under the traditional four-factor test is DENIED. McNabb's alternative request for injunctive relief under the All Writs Act (Doc. # 307) is GRANTED. McNabb's October 19, 2017 execution date is STAYED pending further proceedings in accordance with the Eleventh Circuit's instructions to the district court. Signed by Chief Judge William Keith Watkins on 10/16/2017. (kh, )
April 9, 2018
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MEMORANDUM OPINION AND ORDER: It is ORDERED that the motion for a protective order (doc. # 382) be and is hereby DENIED. Signed by Honorable Judge Charles S. Coody on 4/9/2018. (kh, )