Ray v. Dunn (DEATH PENALTY)
| Domineque Hakim Marcelle Ray |
| Jefferson Dunn |
| 2:2019cv00088 |
| January 28, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| William Keith Watkins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 2000 cc |
| None |
Docket Report
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This docket was last retrieved on March 7, 2019. A more recent docket listing may be available from PACER.
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Filing 37
ORDER of USCA issued as the Mandate as to #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray, 11th Circuit Appeal No. 19-10405-P: Appellant's Ray's death has mooted this appeal. Therefore, the Clerk is directed to close this case. BY THE COURT. (dmn, )
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Filing 36
ORDER: On consideration of Plaintiff's Motion to Withdraw, as moot, his Emergency Motion for Injunctive Relief (Access to a Q'uran While in the Death Watch Cell) (Doc. #35 ), it is ORDERED that the motion to withdraw (Doc. #35 ) is GRANTED and that the emergency motion for injunctive relief (Doc. #34 ) is DENIED as moot. Signed by Honorable Judge William Keith Watkins on 2/7/2019. (dmn, )
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| Filing 35 MOTION to Withdraw #34 Emergency MOTION Injunction (Access to a Q'uran) as Moot by Domineque Hakim Marcelle Ray. (Hahn, Spencer) |
| Filing 34 Emergency MOTION Injunction (Access to a Q'uran) by Domineque Hakim Marcelle Ray. (Hahn, Spencer) |
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Filing 33
ORDER of USCA as to #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray 11th Circuit Appeal No. 19-10405-P: Ray's petition for an emergency stay of execution is GRANTED. The Clerk of Court is directed to EXPEDITE this appeal so that we may promptly resolve these claims. Before MARCUS, WILSON and MARTIN, Circuit Judges. As noted in cover letter, EXPEDITED BRIEFING SCHEDULE. At the Court's direction to expedite this appeal the briefing scheduled is as follows: Appellant's brief is due 21 days from the date of the enclosed order. Due by 2/27/2019. Appellee's brief is due 14 days from the filing of the appellant's brief. Appellant's reply brief is due 7 days from the filing of the appellee's brief. (dmn, )
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| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #22 Notice of Appeal, Appeal No. 19-10405-P. The entire record on appeal is available electronically. (dmn, ) (NO PDF) |
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Filing 32
ORDER of USCA as to #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray, 11th Circuit Appeal No. 19-10405-P: The Application to Appear Pro Hac Vice submitted by Anand Agneshwar, seeking to represent Amicus Curiae The Rutherford Institute, is hereby GRANTED. (dmn, )
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Filing 31
ORDER of USCA as to #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray, 11th Circuit Appeal No. 19-10405-P: Motion of the Rutherford Institute for Leave to File Brief as Amicus Curiae is GRANTED. (dmn, )
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| Filing 30 NOTICE of Correction re #21 Memorandum Opinion and Order. A correction has been made o page 9, line 5. The correct pdf is attached to this notice. (Attachments: #1 Correct pdf Doc. 21)(dmn, ) |
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Filing 29
ORDER of USCA as to #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray, 11th Circuit Appeal No. 19-10405-P: The Court has received Appellant's Emergency Motion for Stay of Execution. To the extent that Appellant wishes to supplement his memorandum in support of his Emergency Motion for Stay of Execution, Appellant's supplement will be due on Monday, 2/4/2019 no later than 9:00 AM Central Time. Appellee's Response to Appellant's emergency motion is due no later than Monday, 2/4/2019, at 5:00 PM Central Time. Appellant's Reply in support of his emergency motion, if any, is due no later than Tuesday, 2/5/2019, at 12:00 PM Central Time. (dmn, )
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| Filing 28 Transcript Acknowledgment, Part II and III, received from Court Reporter Risa L. Entrekin on 2/1/2019 re 11th Circuit Appeal No. 19-10405-P, #22 Notice of Appeal. (dmn, ) |
| Filing 27 USCA Case Number 19-10405-P for #22 Notice of Appeal filed by Domineque Hakim Marcelle Ray. Eleventh Circuit Rule 31-1 requires that APPELLANTS BRIEF BE SERVED AND FILED ON OR BEFORE 3/13/2019. APPELLANT'S APPENDIX MUST BE SERVED AND FILED NO LATER THAN 7 DAYS AFTER FILING OF THE APPELLANT'S BRIEF. (dmn, ) |
| Filing 26 TRANSCRIPT INFORMATION FORM re #22 Notice of Appeal, by Domineque Hakim Marcelle Ray for proceedings held on January 31, 2019 before Judge W. Keith Watkins, (Hahn, Spencer) Modified on 2/1/2019 to create link. (dmn, ) |
| Filing 25 Transmission of #22 Notice of Appeal, #21 Memorandum Opinion and Order, #4 Emergency Motion for Stay of Execution, #1 Complaint, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| Filing 24 Appeal Instructions sent to Attorney Spencer J. Hahn and John Anthony Palombi, counsel for Domineque Haskim Marcelle Ray, re #22 Notice of Appeal. A copy of the Transcript Information Form must be mailed to each court reporter from whom you are requesting a transcript. (Attachments: #1 Transcript Information Form)(dmn, ) |
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Filing 23
ORDER: It is ORDERED that the State's Motion to Dismiss (Doc. #11 ) is GRANTED to the extent that the Emergency Motion for Stay of Execution (Doc. #4 ) is denied as set out in the court's 2/1/2019, Memorandum Opinion and Order (Doc. #21 ). The Motion to Dismiss is otherwise DENIED without prejudice. Signed by Chief Judge William Keith Watkins on 2/1/2019. (dmn, )
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| Filing 22 NOTICE OF APPEAL as to #21 Memorandum Opinion and Order, by Domineque Hakim Marcelle Ray (Hahn, Spencer) |
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Filing 21
MEMORANDUM OPINION AND ORDER: It is ORDERED that: 1. Commissioner Jefferson Dunn shall ensure that the chaplain of the Holman Correctional Facility is not present in the execution chamber during Ray's execution. Commissioner Dunn shall also ensure that the chaplain cannot be seen by Ray during the execution. 2. Ray's motion for appointment of counsel (Doc. #3 ) is GRANTED. 3. Ray's emergency motion to stay execution (Doc. #4 ) is DENIED. 4. Claims Two and Three of Ray's complaint are DISMISSED. 5. There being no just reason for delay, this Order is final and appealable as to claims resolved and injunctive relief denied. Fed. R. Civ. R. 54(b). Signed by Chief Judge William Keith Watkins on 2/1/2019. (Attachments: #1 Civil Appeals Checklist) Copies furnished to Clerk, 11th Circuit, SCOTUS.(dmn, ) (Main Document 21 replaced on 2/4/2019 to make correction on page 9, line 5.) (dmn, ). Modified on 2/4/2019 (dmn, ).
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| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING REGARDING #4 EMERGENCY MOTION FOR STAY OF EXECUTION Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on January 31, 2019, in Montgomery, AL before Judge W. Keith Watkins. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 2/22/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 5/2/2019. (dmn, ) |
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Filing 19
ORDER directing payment of initial partial filing fee of $9.89 be paid on or before 3/1/2019; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Motion for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Holman Correctional Facility. Signed by Honorable Judge Charles S. Coody on 2/1/2019. (dmn, )
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| Filing 18 RESPONSE in Support re #4 Emergency MOTION to Stay Execution Supplemental Authority re: Delay filed by Domineque Hakim Marcelle Ray. (Hahn, Spencer) |
| Filing 17 Minute Entry for proceedings held before Chief Judge William Keith Watkins: Motion Hearing held on 1/31/2019 re #4 Emergency MOTION to Stay Execution filed by Domineque Hakim Marcelle Ray (PDF available for court use only). (Court Reporter Risa Entrekin.) (Attachments: #1 Defendant's Exhibit List) (war, ) |
| Filing 16 Corporate/Conflict Disclosure Statement by Jefferson Dunn. (Anderson, Richard) |
| Filing 15 Corporate/Conflict Disclosure Statement by Domineque Hakim Marcelle Ray. (Hahn, Spencer) |
| Filing 14 NOTICE of Appearance by Beth Jackson Hughes on behalf of Jefferson Dunn (Hughes, Beth) |
| Filing 13 REPLY to Defendant's #11 Response to Mr. Ray's #4 Emergency MOTION for Stay of Execution filed by Domineque Hakim Marcelle Ray. (Palombi, John) Modified on 1/31/2019 to create link and clean up text. (dmn, ) |
| Filing 12 AMENDED COMPLAINT against Jefferson Dunn, filed by Domineque Hakim Marcelle Ray.(Hahn, Spencer) |
| Filing 11 Response to #8 Order (Respondent's Motion to Dismiss, Response to Show Cause Order, and Response to Motion to Stay) by Jefferson Dunn. (Attachments: #1 Exhibit Attachment (FILED UNDER SEAL))(Anderson, Richard) Modified on 1/31/2019 to seal the attachment per telephone call received from attorney. (dmn, ) |
| MOTION to Dismiss by Jefferson Dunn. (dmn, ) (NO PDF, see Doc. #11 for pdf.) |
| Filing 10 Response to Court #8 Order by Domineque Hakim Marcelle Ray. (Palombi, John) Modified on 1/31/2019 to clean up text. (dmn, ) |
| Filing 9 US Marshals ACKNOWLEDGEMENT OF SERVICE Executed on 1/30/2019 as to Jefferson Dunn re #1 Inmate 1983 Complaint, #8 Order. (dmn, ) |
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Filing 8
ORDER: Before the court are Plaintiff's Complaint, which prays for an injunction (Doc. #1 ), and his Emergency Motion for Stay of Execution (Doc. #4 ). It is ORDERED that: 1. A Hearing is set for 1/31/2019 at 03:00 PM in CR 2B in Montgomery, AL before Chief Judge William Keith Watkins. The Clerk of the Court is DIRECTED to provide a court reporter for this hearing. Plaintiff will not be required to attend this hearing. 2. On or before 1/31/2019, at 10:00 AM, the Commissioner shall SHOW CAUSE as further set out in the order. 3. In his January 31 response to this Order, the Commissioner shall answer the following questions as further set out in the order. 4. In his January 31 response to this Order, the Commissioner shall file under seal any written policies or procedures addressing religious accommodations for death-row inmates, including policies and procedures addressing the application of the Religious Land Use and Institutionalized Persons Act to death-row inmates. 5. On or before January 31, 2019, at 10:00 a.m., the Commissioner shall also respond to the Emergency Motion for Stay of Execution. (Doc. #4 .) 6. On or before January 31, 2019, at 10:00 a.m., Plaintiff shall authenticate in writing through counsel when he adopted or converted to the Muslim faith. 7. The United States Marshal is DIRECTED to serve a copy of the Complaint (Doc. #1 ) and this Order on Commissioner Jefferson Dunn of the Alabama Department of Corrections at 301 South Ripley Street, Montgomery, Alabama, immediately. 8. The Clerk of the Court is DIRECTED to furnish a copy of this Order to Plaintiffs counsel. 9. The Clerk of the Court is DIRECTED to furnish a courtesy copy of this Order, a copy of the Complaint (Doc. #1 ), a copy of the Emergency Motion For Stay of Execution (Doc. #4 ), and all attachments to these filings to the following: Commissioner Jefferson Dunn; and Richard Anderson, Assistant Attorney General for the State of Alabama. Signed by Chief Judge William Keith Watkins on 1/29/2019. Copies furnished to calendar group, WR. Copy furnished to plaintiff as directed. Copies with USM 285 form furnished to USM for service on Commissioner Jefferson Dunn as directed. Copies with Doc. #1 and #4 furnished to Commissioner Jefferson Dunn, and Richard Anderson, Assistant Attorney General for the State of Alabama as directed. (dmn, )
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| Filing 7 SUMMONS Returned Executed by Domineque Hakim Marcelle Ray. Jefferson Dunn served on 1/29/2019, answer due 2/19/2019. (dmn, ) |
| Filing 6 Summons Issued as to Jefferson Dunn and returned to counsel for personal service. (dmn, ) |
| Filing 5 NOTICE of Appearance by Richard Dearman Anderson on behalf of Jefferson Dunn (Anderson, Richard) |
| Filing 4 Emergency MOTION to Stay Execution by Domineque Hakim Marcelle Ray. (Palombi, John) |
| Filing 3 MOTION for Appointment of Counsel by Domineque Hakim Marcelle Ray. (wcl, ) |
| Filing 2 MOTION to Proceed in forma pauperis by Domineque Hakim Marcelle Ray. (Attachments: #1 Inmate Account Statement, #2 Affidavit of Indigency)(wcl, ) |
| Filing 1 COMPLAINT against Jefferson Dunn, filed by Domineque Hakim Marcelle Ray. (Attachments: #1 Civil Cover Sheet) (wcl, ) |
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| Plaintiff: Domineque Hakim Marcelle Ray | |
| Represented By: | John Anthony Palombi |
| Represented By: | Spencer Jay Hahn |
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| Defendant: Jefferson Dunn | |
| Represented By: | Richard Dearman Anderson |
| Represented By: | Beth Jackson Hughes |
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