Frazier v. Myers et al (DEATH PENALTY)(JOINT ASSIGN)(MEMBER)
| Demetrius Frazier |
| Kim Tobias Thomas and Gary Hetzel |
| 2:2013cv00781 |
| October 21, 2013 |
| U.S. District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Mark E. Fuller |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
44
ORDER that Defendants' 40 Motion to Dismiss is DENIED. It is further ORDERED that Defendants shall file an answer to Plaintiff's second amended complaint on or before 10/22/2015. After reviewing Defendants' answer, on 11/4/2015 at 2: 00 PM, C.S.T., in Courtroom 2-B, in Montgomery, AL, the court will hold a Joint Status Conference, on the record, before Chief Judge William Keith Watkins in this case and four other 42 U.S.C. § 1983 cases involving lethal injection challenges c urrently pending before it (i.e., Grayson v. Dunn, et al., 2:12-cv-316-WKW; Roberts v. Myers, et al., 2:14-cv-1028-WKW; Myers v. Myers, et al.,2:14-cv-1029-WKW; and Hunt v. Myers, et al., 2:14-cv-1030-WKW). This caseand the four other § 1983 cas es identified above shall be hereinafter collectively referred to in this Order and any further Orders from the court in this matter as the Midazolam Litigation. Signed by Chief Judge William Keith Watkins on 10/8/2015. (dmn, ) Copies furnished to calendar group, AR.
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Filing
30
ORDER as follows: 1. This proceeding is STAYED generally. 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 t he 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. 21 ) 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, )
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Filing
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MEMORANDUM OPINION AND ORDER directing as follows: (1) Frazier's 16 MOTION for Leave to File Amended Complaint is GRANTED IN PART and DENIED IN PART; it is GRANTED to the extent Frazier is permitted to amend his Eighth Amendment and Fourt eenth Amendment equal protection claims, and DENIED in all other respects; Frazier shall file, in accordance with Local Rule 15.1, a revised amended complaint that reflects the courts holdings herein, no later than seven (7) days after entry of this Order; (2) the State's 8 MOTION TO DISMISS is DENIED as moot. Signed by Chief Judge William Keith Watkins on 1/5/15. (djy, )
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