Smith v. Dunn (DEATH PENALTY)
| Willie B. Smith, III |
| Jefferson Dunn |
| 2:2020cv01026 |
| December 14, 2020 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 2000 cc |
| None |
Docket Report
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This docket was last retrieved on February 11, 2021. A more recent docket listing may be available from PACER.
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| Filing 44 NOTICE of Correction re #43 Signed Opinion received from Eleventh Circuit. The original docket entry was entered erroneously without a pdf attached. The pdf is attached to this notice. (Attachments: #1 Main document pdf for Doc. #43 Signed Opinion received from Eleventh Circuit)(dmn, ) |
| Filing 43 SIGNED Opinion received from Eleventh Circuit re #33 Notice of Interlocutory Appeal, 11th Circuit Appeal No. 21-10348-P as to Appellant Willie B. Smith, III. Decision: Reversed. Opinion type: Non-Published. The opinion is available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (dmn, ) Modified on 2/11/2021 to include pdf. (dmn, ) |
Filing 42
ORDER: Now pending before the Court is Plaintiff Willie B. Smith, III's motion for leave to appeal in forma pauperis. (Doc. #38 .) A review of Smith's motion demonstrates that he does not have the assets necessary to pay the filing fee. Accordingly, upon consideration of the motion and for good cause, it is ORDERED that the motion for leave to appeal in forma pauperis (Doc. #38 ) is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/4/2021. Furnished Appeals Clerk. (dmn, )
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Filing 41
ORDER of USCA as to #33 Notice of Interlocutory Appeal filed by Willie B. Smith, III, 11th Circuit Appeal No. 21-10348-P: Appellant's Emergency Motion to Expedite Briefing is hereby GRANTED. Appellant's Initial Brief shall be filed and served by 12:00 p.m. EST on 2/5/2021. Appellee's Response Brief shall be filed and served by 12:00 p.m. EST on 2/8/2021. Appellant's Reply Brief shall be filed and served by 12:00 p.m. EST on 2/9/2021. (dmn, )
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| Filing 40 Transcript Acknowledgment Part III received from Court Reporter Katie Silas on 11th Circuit Appeal No. 21-10348-P, #33 Notice of Interlocutory Appeal. This is to certify that the transcript (Doc. #31 ) has been completed and filed with the district court on 2/1/2021. (dmn, ) |
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Filing 39
ORDER: In the Memorandum Opinion and Order entered on February 2, 2021, the court inadvertently stated, "On November 25, 2020, Smith filed his first 1983 Complaint...." (Doc. #32 , p. 4.) Smith, however, filed the referenced complaint on November 25, 2019. The purpose of this Order is to correct the error. Accordingly, it is ORDERED that page four of Document 32 is CORRECTED to reflect that Smith filed his first 1983 Complaint on November 25, 2019. This correction to the Memorandum Opinion and Order makes no substantive changes and is not intended to alter the official date of the Court's action. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/3/2021. Furnished Appeals Clerk. (Attachments: #1 Correct Page 4 to Doc. #32 )(dmn, )
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| Filing 38 MOTION for Leave to Appeal in forma pauperis by Willie B. Smith, III. (Hahn, Spencer) |
| Filing 37 USCA Case Number 21-10348-P for #33 Notice of Interlocutory Appeal filed by Willie B. Smith, III. DEATH PENALTY APPEAL DOCKETED. Fee Status: Fee Not Paid. **Execution scheduled for February 11, 2021.** (dmn, ) |
| Filing 36 Transmission of #33 Notice of Interlocutory Appeal, #32 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, ) |
| Filing 35 TRANSCRIPT INFORMATION FORM by Willie B. Smith, III re #33 Notice of Interlocutory Appeal with the following notation: All necessary transcript(s) on file; Other: Transcript of hearing held on 1/20/2021 is on file as Doc. #31 (Judge Hufffaker), Court Reporter: Katie Silas. (Hahn, Spencer) (dmn, ) (Main Document 35 replaced on 2/3/2021) (dmn, ). Modified on 2/3/2021 to include proper format pdf, additional text, and clean up text. |
| Filing 34 Appeal Instructions sent to Spencer J. Hahn counsel for Willie B. Smith, III re #33 Notice of Interlocutory 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, ) |
| Filing 33 NOTICE OF INTERLOCUTORY APPEAL by Willie B. Smith, III re #32 Order denying an emergency motion for preliminary injunction entered 2/2/2021. (Hahn, Spencer) Modified on 2/2/2021 to include link and additional text. (dmn, ) |
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Filing 32
MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1. The ADOC's #12 Motion to Dismiss is GRANTED as to Smith's Establishment Clause claim; 2. The ADOC's #12 Motion to Dismiss is DENIED as to Smith's RLUIPA, Free Exercise, and ARFA claims; 3. Smith's #3 Emergency Motion for Preliminary Injunction is DENIED; and 4. All claims related to the Sunday services issue are DISMISSED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/2/2021. (bes, ) (Additional attachment(s) added on 2/3/2021: #1 Correct Page 4 (pursuant to Court #39 Order)) Modified on 2/3/2021. (dmn, )
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| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 1/20/2021, before Judge R. Austin Huffaker; Court Reporter/Transcriber Katie Silas, Telephone number (334) 315-0363; 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 2/22/2021; Redacted Transcript Deadline set for 3/4/2021; Release of Transcript Restriction set for 5/3/2021. (bes, ) |
| Filing 30 Response to Order re #28 Order, Plaintiff's Brief Regarding Effect of Supreme Court Grant of Certiorari in Gutierrez v. Saenz by Willie B. Smith, III. (Hahn, Spencer) |
| Filing 29 Response to Order re #28 Order, (Defendant's Statement Concerning Gutierrez v. Saenz) by Jefferson Dunn. (Simpson, Lauren) |
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Filing 28
ORDER: the parties are DIRECTED to submit briefs on what effect, if any, the Supreme Court's order has on the instant case; Briefs should be limited to 4 pages in length and shall be submitted on or before 1/28/2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/25/2021. (bes, )
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| Filing 27 Evidentiary Submission re: #23 ORDER (Public Version) filed by Jefferson Dunn. (Simpson, Lauren) (Additional attachment(s) added on 1/25/2021: #1 UNREDACTED VERSION of main document, #2 Exhibit a (UNDER SEAL), #3 Exhibit B (UNDER SEAL), #4 Exhibit C (UNREDACTED VERSION), #5 Exhibit D (UNREDACTED VERSION), #6 Exhibit E (UNREDACTED VERSION), #7 Exhibit F (UNREDACTED VERSION), #8 Exhibit G (UNDER SEAL), #9 Exhibit H (UNDER SEAL), #10 Exhibit I (UNDER SEAL)) (bes, ). |
| Filing 26 Evidentiary Submission In Support of Motion for Preliminary Injunction and Opposition to Motion to Dismiss (Public Version) (Redacted) re #23 Order, filed by Willie B. Smith, III. (Attachments: #1 Exhibit A (Price Deposition Notice), #2 Exhibit I (Nolan Declaration))(Hahn, Spencer) Modified on 1/25/2021 to clarify the docket text (bes, ). (Additional attachment(s) added on 1/25/2021: #3 UNREDACTED VERSION of main document, #4 Exhibit A (UNREDACTED VERSION), #5 Exhibit B (UNREDACTED VERSION), #6 Exhibit C (UNREDACTED VERSION), #7 Exhibit D (UNREDACTED VERSION), #8 Exhibit E (UNREDACTED VERSION), #9 Exhibit F (UNREDACTED VERSION), #10 Exhibit G (UNREDACTED VERSION), #11 Exhibit H (UNREDACTED VERSION), #12 Exhibit I (UNREDACTED VERSION), #13 Exhibit J (UNREDACTED VERSION), #14 Exhibit K (UNREDACTED VERSION), #15 Exhibit L (UNREDACTED VERSION)) (bes, ). |
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Filing 25
TEXT ORDER granting #24 Motion for Leave to File under seal. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/22/2021. (NO PDF document attached to this notice). (djy, )
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| Filing 24 Consent MOTION for Leave to File Under Seal by Willie B. Smith, III. (Hahn, Spencer) |
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Filing 23
ORDER: it is ORDERED that the parties shall file supporting evidence, including any affidavits, execution protocols, not later than end of day, Friday, 1/22/2021; Counsel are directed to restrict such filing to relevant materials only. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/21/2021. (bes, )
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Filing 22
CONFIDENTIALITY ORDER granting #21 Motion for Entry of Confidentiality Order and for Leave to File Evidentiary Submission under Seal, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/21/2021. (bes, ) Modified on 1/21/2021 to reflect the signing date (bes, ).
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| Filing 21 MOTION (Defendant's Motion for Entry of Confidentiality Order and for Leave to File Evidentiary Submission Under Seal) by Jefferson Dunn. (Simpson, Lauren) |
| Filing 20 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 1/20/2021 re MOTION to Dismiss filed by Jefferson Dunn, #3 MOTION for Preliminary Injunction filed by Willie B. Smith, III (PDF available for court use only). (Court Reporter Katie Silas. Recording time 8:30-9:40 AM.) (dh) |
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Filing 19
TEXT ORDER: The Motion Hearing set for 1/20/2021, at 8:30 a.m. is RESET from Courtroom 2D to Courtroom 2F. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/19/2021. (Furn: Calendar, dh) (bes, ) Modified on 1/19/2021 to reflect as no PDF being attached to this entry (bes, ).
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Filing 18
ORDER granting #16 Motion for Leave to Appear Pro Hac Vice for Attorney Anand Agneshwar. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/13/2021. (bes, )
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| Filing 17 Pro Hac Vice Filing fee received re #16 Motion to Appear: $ 75.00, receipt number 4602060886 (bes, ) |
| ***PURSUANT TO THE #16 MOTION - Attorney Anand Agneshwar for Willie B. Smith, III added. (No PDF attached to this entry) (bes, ) |
| Filing 16 Motion to Appear Pro Hac Vice for Attorney Anand Agneshwar by Willie B. Smith, III. (Attachments: #1 Exhibit Certificate of Good Standing (S.D. N.Y.))(Hahn, Spencer) Modified on 1/12/2021 to clarify the docket text (bes, ). |
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Filing 15
ORDER it is ORDERED that Oral Argument on the #3 , #4 , & #12 Motions is SET for 8:30 a.m. on 1/20/2021, in Courtroom 2D, US Courthouse Complex, Montgomery, AL; DIRECTING the Clerk to provide a court reporter for this proceeding. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/8/2021. (Furnished: Calendar & DH) (am, )
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Filing 14
TEXT ORDER granting #13 Motion for Leave to File Combined Reply & Response to Dft's Response in Opposition to Smith's Emergency Motion for Preliminary Injunction & Motion to Dismiss; Plf's Reply in Support of Emergency Motion for Preliminary Injunction and Opposition to Motion to Dismiss attached to his motion (Doc. #13 -1) SHALL BE FILED. Signed by Honorable Judge R. Austin Huffaker, Jr on 1/4/2021. (No PDF attached to this entry) (bes, )
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| REPLY in Support of Emergency Motion for Preliminary Injunction and Opposition to Motion to Dismiss filed by Willie B. Smith, III. (No PDF attached to this entry - See doc #13 -1 for PDF) (bes, ) |
| Filing 13 MOTION for Leave to File Combined Reply & Response to Defendant's Response in Opposition to Smith's Emergency Motion for Preliminary Injunction & Motion to Dismiss by Willie B. Smith, III. (Attachments: #1 Plaintiff's Reply in Support of Emergency Motion for Preliminary Injunction and Opposition to Motion to Dismiss)(Hahn, Spencer) |
| MOTION to Dismiss by Jefferson Dunn. (No pdf attached to this entry - See doc #12 for pdf) (wcl, ) |
| Filing 12 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Jefferson Dunn. (Attachments: #1 Exhibit A - Affidavit of Cheryl Price)(Simpson, Lauren) |
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Filing 11
ORDER: 1.) On or before 1/17/2021, Plf shall forward to the Clerk the sum of $64.95 as an initial partial filing fee; 2) Plf shall make monthly payments of 20% of each preceding month's income and/or funds credited to his account as payments towards the $350.00 filing fee; 3) Those persons having custody of Plf shall forward the above-described payments from Plf's account to the Clerk each time the amount in Plf's account exceeds $10.00 until the $350.00 filing fee is paid in full; The Clerk is DIRECTED to furnish a copy of this order to the account clerk at Holman CF. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/18/2020. (Furn: Cashier)(bes, )
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| Filing 10 Corporate/Conflict Disclosure Statement by Jefferson Dunn re #9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Simpson, Lauren) |
| Filing 9 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Jefferson Dunn; Corporate Disclosures due by 12/28/2020. (Attachments: #1 Standing Order and Sample Format)(bes, ) |
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Filing 8
ORDER: it is ORDERED that on or before 5:00 pm on 12/29/2020, Dft shall file a response to Plf's #3 Emergency Motion for Preliminary Injunction. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/17/2020. (bes, )
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| SUPPLEMENT to #2 MOTION for Leave to Proceed in forma pauperis by Willie B. Smith, III. (No pdf attached to this entry - See doc #7 for pdf) (wcl, ) |
| Filing 7 Supplement to MOTION for Leave to Proceed in forma pauperis (attaching inmate account statement) by Willie B. Smith, III. (Hahn, Spencer) Modified on 12/17/2020 to correct the docket text (wcl, ). |
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Filing 6
ORDER: it is ORDERED that: 1. Plf's #2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. The $50.00 administrative fee otherwise applicable is waived; 2. The Court accepts the statement by Smith's counsel that Mr. Smith qualifies to proceed in forma pauperis; 3. Upon receipt from the prison, Mr. Smith's counsel shall file Mr. Smith's prison inmate account statement in the record. The Court will assess an initial partial filing fee at that time. Signed by Honorable Judge R. Austin Huffaker, Jr on 12/16/2020. (bes, )
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| Filing 5 NOTICE of Appearance by Lauren Ashley Simpson on behalf of Jefferson Dunn (Simpson, Lauren) |
| Filing 4 AMENDED Emergency Motion for Preliminary Injunction (Adding Omitted Declarations) by Willie B. Smith, III. Amendment to #3 Emergency MOTION for Preliminary Injunction . (Attachments: #1 Affidavit Declaration of Spencer J. Hahn, #2 Affidavit Declaration of Pastor Robert Paul Wiley Jr.)(Hahn, Spencer) Modified on 12/17/2020 to clarify the docket text (bes, ). |
| Filing 3 EMERGENCY MOTION for Preliminary Injunction by Willie B. Smith, III. (bes, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Willie B. Smith, III. (bes, ) |
| Filing 1 COMPLAINT against Jefferson Dunn, filed by Willie B. Smith, III. (Attachments: #1 Civil Cover Sheet)(bes, ) |
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| Plaintiff: Willie B. Smith, III | |
| Represented By: | John Anthony Palombi |
| Represented By: | Spencer Jay Hahn |
| Represented By: | Anand Agneshwar |
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| Defendant: Jefferson Dunn | |
| Represented By: | Lauren Ashley Simpson |
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