Case: Cooey v. Taft

Cooey v. Taft

Dennis v. Taft

Dennis v. Taft

Dennis v. Taft

Dennis v. Taft

Dennis v. Taft

U.S. Court of Appeals for the Sixth Circuit

Cooey v. Taft

Cooey v. Taft

Cooey v. Taft

MOTION filed by Plaintiff Richard Cooey for Leave to Proceed in forma pauperis. (dms) (Entered: 12/08/2004)

COMPLAINT filed by Plaintiff Richard Cooey against Defendants Robert Taft, Reginald Wilkinson, and James Haviland. (Attachments: # 1 Exhibits to Complaint)(dms ) (Entered: 12/08/2004)

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is required to pay the full amount of the Court's $150 filing fee. It is ORDERED that the US Marshal is to serve each Defendant. Each Defendant is ORDERED to respond to the Complaint within 45 days after being served. Signed by Judge Mark R. Abel on 12/8/04. (dms ) (Entered: 12/09/2004)

Summons Issued as to James Haviland. (dms ) (Entered: 12/14/2004)

Summons Issued as to Reginald Wilkinson. (dms ) (Entered: 12/14/2004)

Summons Issued as to Robert Taft. (dms ) (Entered: 12/14/2004)

Filing fee: $ 13.56, receipt number 200 244563. (dms) (Entered: 12/20/2004)

SUMMONS Returned Executed Robert Taft served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 12/29/2004)

MOTION to Dismiss by Defendants Robert Taft, Reginald Wilkinson, James Haviland. Responses due by 1/28/2005 (Attachments: # 1 Exhibit Cooey's Federal Habeas Petition# 2 Exhibit Dennis v. Taft Order# 3 Exhibit Buffalo News Article)(Collyer, Michael) (Entered: 01/04/2005)

ORDER re 8 MOTION to Dismiss filed by Reginald Wilkinson,, James Haviland, &Robert Taft; Non−oral hearing on said motion set for 2/24/2005. Signed by Judge Gregory L Frost on 1/5/05. (sem, ) (Entered: 01/05/2005)

SUMMONS Returned Executed Reginald Wilkinson served on 12/15/2004, answer due 1/4/2005. (dms ). (Entered: 01/11/2005)

SUMMONS Returned Executed James Haviland served on 12/20/2004, answer due 1/10/2005. (dms ) . (Entered: 01/11/2005)

Filing fee: $ 8.16, receipt number 200 244810 (dms ) (Entered: 01/11/2005)

RESPONSE in Opposition re 8 MOTION to Dismiss filed by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit A − 10/16/04 Opinion &Order# 2 Exhibit B − Order Denying Prelim Inj# 3 Exhibit B− Appendix to Order)(Culshaw, Kelly). (Entered: 01/14/2005)

REPLY to Response to Motion re 8 MOTION to Dismiss filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 01/25/2005)

Filing fee: $ 11.60, receipt number 200 245695. (dms ) (Entered: 03/11/2005)

ORDER denying 8 Defendants' Motion to Dismiss . Signed by Judge Gregory L Frost on 3/28/05. (sem, ) (Entered: 03/28/2005)

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 3/28/2005. (statistical purposes (ksh, ) . (Entered: 03/28/2005)

MOTION for Certificate of Appealability by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Sweeney, Kelley) (Entered: 03/30/2005)

RESPONSE in Opposition re 16 MOTION for Certificate of Appealability filed by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/04/2005)

First MOTION for Order to Plaintiff's Motion For Discovery Orders Consistent With This Court's Scheduling Order by Plaintiff Richard Cooey. (Attachments: # 1 Exhibit Plaintiff's First Request For Production Of Documents# 2 Exhibit Plaintiff's First Request To Enter Upon Land And Property For Inspection And Other Purposes)(Meyers, Gregory) (Entered: 04/04/2005)

REPLY in Support re 16 MOTION for Certificate of Appealability filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Collyer, Michael) (Entered: 04/06/2005)

ANSWER to Complaint with Jury Demand by Defendants Robert Taft, Reginald Wilkinson, James Haviland.(Sweeney, Kelley) (Entered: 04/11/2005)

Filing fee: $ 8.60, receipt number 200 246170 (dms ) (Entered: 04/13/2005)

ORDER granting in part and denying in part 16 Defendants' Motion to certify an interlocutory appeal and denying as moot 18 Plaintiff's Motion for Discovery; These proceedings are hereby STAYED pending the outcome of the interlocutory appeal . Signed by Judge Gregory L Frost on 4/13/05. (sem, ) (Entered: 04/13/2005)

Filing fee: $ 10.60, receipt number 200 246562. (dms ) (Entered: 05/12/2005)

Filing fee: $ 7.10, receipt number 247021 (jk) (Entered: 06/16/2005)

Filing fee: $ 23.20, receipt number 247428 (jk) (Entered: 07/14/2005)

USCA ORDER − It is ORDERED that the petition for permission to appeal is GRANTED and the matter is hereby transferred to the general docket of the court and assigned docket number 05−4057. Signed by Circuit Judges Suhrheinrich, Siler and Gilman on 08/24/05. (lg) (Entered: 08/26/2005)

Filing fee for appeal USCA case no 05−4057: $ 255, receipt number 248089 (lg) (Entered: 09/06/2005)

Filing fee: $ 22.16, receipt number 248108 (jk) (Entered: 09/07/2005)

Filing fee: $ 17.38, receipt number 248573 (jk) (Entered: 10/07/2005)

Filing fee: $ 23.96, receipt number 200 248926 (jr) (Entered: 11/08/2005)

EMERGENCY MOTION to Intervene filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to Stay his Execution filed by Movant John R Hicks. (sem, ) (Entered: 11/23/2005)

Amended MOTION to Amend/Correct Plaintiff−Intervenor's Motion for A Temporary Restraining Order and Preliminary Injunction to Stay His Execution Pending Adjudication of 42 USC Sec. 1983 Claims Challenging Defendants' Cruel and Unusual Execution Procedures by Movant John R Hicks. (Mezibov, Marc) (Entered: 11/23/2005)

ORDER granting 23 Movant John R. Hicks's Motion to Intervene and denying 24 Motion for Temporary Restraining Order . Signed by Judge Gregory L Frost on 11/23/05. (Attachments: # 1 Exhibit 9/16/04 Decision in Dennis v. Taft) (sem, )

Intervenor COMPLAINT filed by Intervenor Plaintiff John R Hicks against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 11/28/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 27 Notice of Appeal (jr) (Entered: 11/25/2005)

Emergency MOTION to Intervene as a Plaintiff . (Attachments: # 1 Exhibit Claims being litigated)(Crim, Gary) (Entered: 12/11/2005)

ORDER re 29 Emergency MOTION to Intervene as a Plaintiff filed by Jeffrey D Hill; Defendants' shall file any memorandum in opposition by 12/23/05; Non−oral hearing on said motion set for 12/27/2005. Signed by Judge Gregory L Frost on 12/13/05. (sem, ) (Entered: 12/13/2005)

USCA INFORMATION COPY re 28 Notice of Appeal: The request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

USCA JUDGMENT as to 28 Notice of Appeal filed by John R Hicks, it is ORDERED that the request for a stay of execution is DENIED. (jr) (Entered: 12/19/2005)

RESPONSE in Opposition re 29 Emergency MOTION to Intervene as a Plaintiff filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit unreported case# 2 Exhibit unreported case# 3 Exhibit unreported case)(Sweeney, Kelley) (Entered: 12/23/2005)

ORDER dismissing Intervenor Plaintiff John R. Hicks as a party to this litigation. Signed by Judge Gregory L Frost on 1/4/06. (sem, ) (Entered: 01/04/2006)

ORDER granting 29 Jeffrey D. Hill's Emergency Motion to Intervene; The Clerk shall detach the proferred complaint and file said pleading . Signed by Judge Gregory L Frost on 1/29/06. (sem, ) (Entered: 01/09/2006)

Intervenor COMPLAINT filed by Intervenor Plaintiff Jeffrey D Hill against Defendants Robert Taft, Reginald Wilkinson &James Haviland.(sem, ) (Entered: 01/09/2006)

Emergency MOTION for Preliminary Injunction by Intervenor Plaintiff Jeffrey D Hill. (Attachments: # 1 Appendix Unreported decision, Brown v. Beck)(Crim, Gary) (Entered: 04/14/2006)

ORDER re 37 Emergency MOTION for Preliminary Injunction filed by Jeffrey D Hill; Defendants shall have until 4/21/06 to any memorandum in opposition to said motion; Plaintiff Hill shall have until 4/26/06 to file any reply; An Informal Preliminary Conference is set for 4/28/2006 09:00 AM in teleconference before Gregory L Frost (Plaintiff Hill's counsel shall initiate the call). Signed by Judge Gregory L Frost on 4/18/06. (sem1, ) (Entered: 04/18/2006)

RESPONSE in Opposition re 37 Emergency MOTION for Preliminary Injunction filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Order Denying Dennis Injunction# 2 Order Re Hicks Intervention and Injunction# 3 Morales v. Hickman# 4 Brown v. Beck# 5 Affidavit of Dr. Dershwitz# 6 Affidavit of Dr. Rosow)(Collyer, Michael) (Entered: 04/21/2006)

MOTION to Participate in Preliminary Conference re 38 Order, Set Hearings,, by Plaintiff Richard Cooey. (Culshaw, Kelly) (Entered: 04/24/2006)

ORDER granting 40 Plaintiff Cooey's Motion to Participate in the 4/28/06 Telephone Status Conference . Signed by Judge Gregory L Frost on 4/25/06. (sem, ) (Entered: 04/25/2006)

REPLY in Support re 37 Emergency MOTION for Preliminary Injunction filed by Intervenor Plaintiff Jeffrey D Hill. (Attachments: # 1 Appendix Docket from Distirct Court, Western District of Missouri# 2 Appendix Decision of Eigth Circuit in Government Appeal# 3 Appendix Docket from Eigjth Circuit, Plaintiff's Appeal)(Crim, Gary) (Entered: 04/25/2006)

NOTICE by Defendant Robert Taft re 39 Response in Opposition to Motion, Supplemental Authority (Attachments: # 1 Fourth Circuit Decision Affirming Dismissal of Case and Denial of Stay in Vinson v. Johnson 4−25−06# 2 Supreme Court Denial of Stay in Vinson v. Johnson 4−27−06)(Collyer, Michael) (Entered: 04/28/2006)

Supplemental Memorandum Supporting re 37 Emergency MOTION for Preliminary Injunction Notice of Additional Authority filed by Intervenor Plaintiffs Jeffrey D Hill, Jeffrey D Hill. (Attachments: # 1 Supplement Docket from Distirct Court, Eastern District of Virginia)(Crim, Gary) (Entered: 04/28/2006)

ORDER granting 37 Plaintiff Hill's Motion for an Emergency Preliminary Injunction; It is ORDERED, ADJUDGED, and DECREED that the State of Ohio, and any person acting on its behalf, is hereby STAYED from implementing an order for the execution of Jeffrey D. Hill issued by any court of the State of Ohio until further Order from this Court . Signed by Judge Gregory L Frost on 4/28/06. (sem, )

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 4/28/2006. (statistical purposes only) (ksh, ) (Entered: 04/28/2006)

MOTION to Intervene filed by Johnnie Baston. (Attachments: # 1 Exhibit Proposed Complaint)(Timken, Kyle) (Entered: 05/26/2006)

Emergency MOTION to Intervene filed by Arthur Tyler . (Kerger, Richard) (Entered: 05/26/2006)

MOTION to Intervene (Corrected) by Intervenor Plaintiff Arthur Tyler. (Kerger, Richard) (Entered: 05/30/2006)

ORDER re 46 MOTION to Intervene filed by Johnnie Baston and 48 MOTION to Intervene (Corrected) filed by Arthur Tyler; Defendants shall file any memoranda in opposition by 6/5/06; Movants Baston and Tyler shall file any reply memoranda by 6/9/06; Non−oral hearing on said motions set for 6/12/2006. Signed by Judge Gregory L Frost on 5/30/06. (sem, ) (Entered: 05/30/2006)

RESPONSE in Opposition re 46 MOTION to Intervene by Johnnie Baston filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Santos v. Camacho)(Collyer, Michael) (Entered: 06/02/2006)

RESPONSE in Opposition re 48 MOTION to Intervene (Corrected) by Arthur Tyler filed by Defendants Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Santos v. Camacho)(Collyer, Michael) (Entered: 06/02/2006)

REPLY to Response to Motion re 48 MOTION to Intervene (Corrected) filed by Intervenor Plaintiff Arthur Tyler. (Kerger, Richard) (Entered: 06/08/2006)

REPLY to Response to Motion re 46 MOTION to Intervene filed by Intervenor Plaintiff Johnnie Baston. (Prude−Smithers, Pamela) (Entered: 06/09/2006)

ORDER granting 46 Baston's Motion to Intervene and granting 48 Tyler's Motion to Intervene . Signed by Judge Gregory L Frost on 6/16/06. (sem, )

Intervenor COMPLAINT filed by Intervenor Plaintiff Johnnie Baston against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 06/16/2006)

Intervenor COMPLAINT filed by Intervenor Plaintiff Arthur Tyler against Defendants Robert Taft, Reginald Wilkinson, James Haviland.(sem, ) (Entered: 06/16/2006)

NOTICE of Appearance by Kathryn L Sandford for Intervenor Plaintiff Arthur Tyler (Sandford, Kathryn) (Entered: 06/19/2006)

NOTICE of Appearance by Heather L Gosselin of Defendants Robert Taft, Reginald Wilkinson, James Haviland (Gosselin, Heather) (Entered: 08/08/2006)

MOTION to Intervene by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit A − B)(srj, ) (Entered: 08/21/2006)

ORDER re 60 MOTION to Intervene filed by Jerome Henderson; Non−oral hearing on said motion set for 10/13/2006. Signed by Judge Gregory L Frost on 8/22/06. (sem1, ) (Entered: 08/22/2006)

MOTION to Supplement the Pleadings by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(jr) (Entered: 08/29/2006)

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by Intervenor Plaintiff Jerome Henderson against Terry Collins, Edwin Voorhies, Defendant Robert Taft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(jr) (Entered: 09/01/2006)

MOTION for Leave to Appear pro hac vice for attorney James A. Jenkins by Intervenor Plaintiff Jeffrey Don Lundgren. Filing fee $ 50. (srj, ) (Entered: 09/01/2006)

EMERGENCY MOTION to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Complaint for Injunctive and Declaratory Relief)(srj, ). (Entered: 09/01/2006)

NOTICE of Hearing: Telephone Conference set for 9/8/2006 11:00 AM before Gregory L Frost (the Court will initiate the call). (sem1, ) (Entered: 09/05/2006)

ORDER granting 64 Motion for Leave for James A. Jenkins to Appear pro hac vice on behalf of Jeffrey Don Lundgren. Signed by Judge Mark R. Abel on 9/5/06. (jr) (Entered: 09/05/2006)

RESPONSE in Opposition re 60 MOTION to Intervene by Jerome Henderson filed by Defendants Terry Collins, Edwin Voorhies, Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit Chief Inspector Decision re Baston# 2 Exhibit Brown v. Beck# 3 Johnston v. Crawford# 4 Exhibit Doc. 35 − Order Granting Hill Intervention# 5 Exhibit Order Denying Motion to Dismiss)(Collyer, Michael) (Entered: 09/08/2006)

RESPONSE in Opposition re 65 MOTION to Intervene by Jeffrey Lundgren filed by Defendants Terry Collins, Edwin Voorhies, Robert Taft, Reginald Wilkinson, James Haviland. (Attachments: # 1 Exhibit Chief Inspector's Decision re Baston# 2 Exhibit Doc. 35 − Order Granting Hill Intervention)(Collyer, Michael) (Entered: 09/08/2006)

SCHEDULING ORDER Non oral hearing on Motion to Intervene set for 9/15/2006 08:00 AM . Signed by Judge Gregory L Frost on 9/8/06. (ksh, ) (Entered: 09/08/2006)

Minute Entry for proceedings held before Judge Gregory L Frost : Status Conference held on 9/8/2006. (statistical purposes only) (ksh, ) (Entered: 09/08/2006)

REPLY to Response to Motion re 65 MOTION to Intervene filed by Intervenor Plaintiff Jeffrey Don Lundgren. (jr) (Entered: 09/15/2006)

NOTICE of Appearance by David Clark Stebbins for Intervenor Plaintiff Jerome Henderson (Stebbins, David) (Entered: 09/20/2006)

ORDER denying without prejudice the 65 Emergency Motion to Intervene filed Jeffrey Lundgren . Signed by Judge Gregory L Frost on 9/20/06. (sem1, )

Certificate of Good Standing filed by James Allen Jenkins, per doc 67 Order on Motion for Leave to Appear Pro Hac Vice. (kch) (Entered: 09/20/2006)

REPLY to Response to Motion re 60 MOTION to Intervene filed by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H)(jr) (Entered: 09/26/2006)

ORDER re 75 MOTION to Appoint Counsel filed by Jerome Henderson; The Court DIRECTS Henderson, within 15 days of the date of this order, to notify this Court whether he is willing to allow Mr. Stebbins to represent him in this matter . Signed by Judge Gregory L Frost on 9/27/06. (sem1, ) (Entered: 09/27/2006)

MOTION to supplement the pleadings by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit H # 2 Exhibit I # 3 Exhibit J)(sr) (Entered: 09/28/2006)

MOTION in Opposition to Entry of Appearance of Counsel David C. Stebbins of Columbus, Ohio by Intervenor Plaintiff Jerome Henderson. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O)(jr) (Entered: 10/03/2006)

Emergency MOTION for Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Jenkins, James) (Entered: 10/03/2006)

MOTION to Amend/Correct Emergency Motion to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Jenkins, James) (Entered: 10/04/2006)

Emergency MOTION for Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Jenkins, James) (Entered: 10/04/2006)

ORDER memorializing the 10/5/06 Status Conference; Lundgren's New Motion to Intervene and his New Motion for Injunctive Relief to Stay shall be filed by 10/5/06; Defendants' Memorandum in Opposition to said motions shall be filed by 10/11/06; Lundgren's Reply in Support of said motions shall be filed by 10/13/06. Signed by Judge Gregory L Frost on 10/5/06. (sem1, ) (Entered: 10/05/2006)

Emergency Motion for a Preliminary Injunction to Stay Execution by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Jenkins, James) (Entered: 10/05/2006)

Second MOTION to Amend/Correct Emergency Motion to Intervene by Intervenor Plaintiff Jeffrey Don Lundgren. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8)(Jenkins, James) (Entered: 10/05/2006)

ORDER denying as moot 80 Emergency Motion for Preliminary Injunction, denying without prejudice 81 Emergency Motion to Intervene and denying without prejudice 82 Emergency Motion for Preliminary Injunction . Signed by Judge Gregory L Frost on 10/5/06. (sem1, ) (Entered: 10/05/2006)

Minute Entry for proceedings held before Judge Gregory L Frost : Telephone Conference held on 10/5/2006 (docketed for statistical purposes only). (sem1, ) (Entered: 10/05/2006)

NOTICE by Intervenor Plaintiff Jerome Henderson re 77 Order. (jr) (Entered: 10/11/2006)

MOTION in Request that Administrative Remedies Be Deemed Exhausted When Prison Officials Fail to Respond by Intervenor Plaintiff Jerome Henderson. (jr) (Entered: 10/11/2006)