Smith v. Dunn et al (DEATH PENALTY)
| Willie B. Smith, III |
| Terry Raybon and Jefferson S. Dunn |
| 2:2021cv00099 |
| February 2, 2021 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.
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Filing 32
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 3/31/2021 (PDF available for court use only). (Court Reporter Katie Silas. Recording time 9:30-9:40) (dh)
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Filing 31
Defendants' SUBMISSION OF COVID-19 MEASURES filed in Response to #30 Order, by Jefferson S. Dunn, Terry Raybon. (Attachments: #1 Exhibit A - COVID Measures)(Simpson, Lauren) Modified on 3/31/2021 to clean up text. (dmn, )
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Filing 30
ORDER: On 2/25/2021, the Court conducted a status teleconference in this matter. Plaintiff was represented by Spencer Hahn, an attorney with the Federal Defenders for the MDAL. Defendants were represented by AL Assistant Attorney General Lauren A. Simpson. During the teleconference, defense counsel indicated that ADOC officials were in the process of further amending the ADOC's execution-related COVID-19 measures. Counsel stated that she expects the protocol to be finalized within the next few weeks. Accordingly, it is ORDERED as follows: 1. A Status Teleconference is set in this matter on Wednesday, 3/31/2021 at 9:30AM (CST) before Honorable Judge R. Austin Huffaker, Jr. The Clerk of the Court is DIRECTED to provide a court reporter for this proceeding. 2. The Defendants shall file the finalized COVID-19 measures with this Court on or before Monday, 3/29/2021. If the revised COVID-19 protocol is not final as of that date, ADOC counsel shall file a notice with the Court setting forth the date by which the ADOC believes the protocol will be final. 3. The Plaintiff's Motion to Withdraw the Renewed Motion for Stay of Execution (Doc. #27 ) is GRANTED, and therefore the Renewed Motion for Stay of Execution (Doc. #20 ) is hereby DENIED as withdrawn. 4. The Motion to Dismiss (Doc. #14 ) the original Complaint is DENIED as moot due to the filing of the Amended Complaint (Doc. #19 ). Signed by Honorable Judge R. Austin Huffaker, Jr on 2/25/2021. Furnished calendar, DH, Clerk of Court, Clerk of Court Eleventh Circuit, Appeals Clerk, Appeals Court Reporters. (dmn, ) Modified on 2/25/2021 to correct hearing date from 3/13/21 to 3/31/21 due to typographical error by dkt clk. (dmn, )
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Filing 29
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status/Scheduling Conference held on 2/25/2021 (PDF available for court use only). (Court Reporter Katie Silas. Recording time 8:28-8:38) (dh)
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NOTICE of Docket Text Correction re #30 Order setting Status Teleconference for 3/31/21. The hearing date set in the referenced docket entry text only is corrected from 3/13/21 to 3/31/21 due to typographical error by docket clerk. Scheduled hearing date (calendar) was not impacted by this error. Furnished calendar, DH, Clerk of Court, Clerk of Court Eleventh Circuit, Appeals Clerk, Appeals Court Reporters. (dmn, ) (no pdf)
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Filing 28
TEXT ORDER: It is ORDERED that a Status and Scheduling Conference via telephone be and is hereby SET for 2/25/2021 at 08:30 AM before Honorable Judge R. Austin Huffaker Jr. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/16/2021. Furnished calendar, DH, Appeals Clerk. (dmn, ) (no pdf)
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Filing 27
NOTICE by Willie B. Smith, III of Withdrawal of #20 MOTION to Stay to provide the Court with an update regarding his status and to Withdraw the Renewed Emergency Motion to Stay filed on 2/10/2021. (Keeton, Kacey) Modified on 2/16/2021 (dmn, ).
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MOTION to Withdraw #20 Renewed Emergency MOTION to Stay by Willie B. Smith, III. (dmn, ) (no pdf, see Doc. #27 for pdf)
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Filing 26
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 2/11/2021 (PDF available for court use only). (Court Reporter Katie Silas. Recording time 9:00-9:10) (dh)
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Filing 25
RESPONSE to Defendants' #23 MOTION to Dismiss and REPLY to Defendant's #23 Opposition to Plaintiff's #3 Motion for Stay of Execution filed by Willie B. Smith, III. (Keeton, Kacey) Modified on 2/16/2021 to clean up text and create links. (dmn, )
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Filing 24
TEXT ORDER: It is ORDERED that a Status Conference via telephone be and is hereby SET for 09:00 AM on 2/11/2021 before Honorable Judge R. Austin Huffaker Jr. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/11/2021. Furnished calendar, DH.(dmn, ) (no pdf)
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Filing 23
MOTION to Dismiss #19 Amended Complaint and OBJECTION to #3 Motion for Stay of Execution by Jefferson S. Dunn, Terry Raybon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit of Michael Banks, #7 Affidavit of Walter Franklin)(Simpson, Lauren) Modified on 2/16/2021 to create links and clean up duplicate text. (dmn, )
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Filing 22
NOTICE of Appearance by Richard Dearman Anderson on behalf of Jefferson S. Dunn, Terry Raybon (Anderson, Richard)
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Filing 21
TEXT ORDER: Defendants shall file a response to the Motion to Stay (Doc. #20 ) as soon as practicable, but no later than 11:59 p.m. on February 10, 2021. The Defendants' response should specifically address whether or not the ADOC is following its COVID-19 measures with regard to checking the temperature of the Plaintiff. Any reply from the Plaintiff is due no later than 9:00 a.m. on February 11, 2021. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/10/2021. (dmn, ) (no pdf)
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Filing 20
RENEWED EMERGENCY MOTION for Stay of Execution by Willie B. Smith, III. (Keeton, Kacey) Modified on 2/10/2021 to reflect "Emergency" and actual title of document. (dmn, ) Modified on 2/16/2021 to include "renewed." (dmn, )
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Filing 19
AMENDED COMPLAINT against All Defendants, filed by Willie B. Smith, III. (Attachments: #1 Exhibit A, B, and C)(Keeton, Kacey)
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Filing 18
MEMORANDUM OPINION AND ORDER: Based on the foregoing reasons as further set out in the opinion and order, Smith has failed to carry the burden of persuasion on the requirements for a stay of his execution. Accordingly, it is ORDERED that Smith's Emergency Motion for Stay of Execution (Doc. #3 ) is hereby DENIED as further set out in the opinion and order. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/9/2021. (Attachments: #1 Civil Appeals Checklist)(dmn, )
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Filing 17
Supplemental Report to the Court re #8 Order, by Jefferson S. Dunn, Terry Raybon. (Simpson, Lauren) Modified on 2/9/2021 to clean up text. (dmn, )
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Filing 16
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 2/8/2021 re #14 MOTION to Dismiss and Objection to Motion to Stay of Execution filed by Jefferson S. Dunn, Terry Raybon, #3 MOTION to Stay filed by Willie B. Smith, III (PDF available for court use only). (Court Reporter Katie Silas. Recording time 1:00-1:45) (dh)
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REPLY to Defendant's #14 Opposition to Plaintiff's #3 Motion for Stay of Execution filed by Willie B. Smith, III. (dmn, ) (no pdf, see Doc. #15 for pdf) Modified on 2/8/2021 to reflect correct file date. (dmn, )
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Filing 15
RESPONSE in Opposition re #14 MOTION to Dismiss and Objection to Motion to Stay of Execution filed by Willie B. Smith, III. (Palombi, John)
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Objection to #3 EMERGENCY MOTION to Stay filed by Jefferson S. Dunn, Terry Raybon. (dmn, ) (no pdf, see Doc. #14 for pdf)
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Filing 14
MOTION to Dismiss and Objection to #3 Emergency Motion for Stay of Execution by Jefferson S. Dunn, Terry Raybon. (Attachments: #1 Exhibit A, #2 Exhibit B (filed UNDER SEAL), #3 Exhibit C (filed UNDER SEAL)(Simpson, Lauren) Furnished COA. Modified on 2/5/2021 to create link. (dmn, ) (Additional attachment(s) filed conventionally added on 2/8/2021: #4 Unredacted Motion (FILED UNDER SEAL). (Attachment 2 replaced on 2/8/2021 to include pdf filed conventionally UNDER SEAL), (Attachment 3 replaced on 2/8/2021 to include documents received conventionally, filed Under SEAL) Modified on 2/8/2021 to include documents received conventionally, filed UNDER SEAL. (dmn, )
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Filing 13
CONFIDENTIALITY ORDER: Pending before the Court is the Defendants' Motion for Entry of Confidentiality Order and for Leave to File Defendants' Response to Plaintiff's complaint Under Seal (Doc. #12 .) Defendants specifically request the entry of a Confidentiality Order in the present action like the ones entered in Burton v. Dunn, 2:19-cv-242-RAH (Doc. 38), and in Smith v. Dunn, 2:20-cv-1026 (Doc. 22). Plaintiff having no objection thereto and for good cause, it is ORDERED that the Motion is GRANTED. The parties and their counsel shall comply with all the terms of this Confidentiality Order as further set out in the order.. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/5/2021. (dmn, ) Furnished Appeal Clerk, Clerk of Court MD/AL. Modified on 2/5/2021 to include furnished text. (dmn, )
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Filing 12
MOTION for Confidentiality Order and for Leave to File Under Seal by Jefferson S. Dunn, Terry Raybon. (Simpson, Lauren)
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Filing 11
Response to #10 Order regarding State's Changes as to Smith Addendum and Execution Procedures by Willie B. Smith, III. (Hahn, Spencer) Modified on 2/5/2021 to clean up text. (dmn, )
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Filing 10
ORDER: On February 4, 2021, the Defendants Report to the Court (Doc. #9 ) was filed in accordance with this court's February 3, 2021, Order (Doc. #8 ). Accordingly, it is ORDERED that, by 11:59 p.m. (CST), February 4, 2021, the Plaintiff shall file a response stating what, if any, issues and/or claims have been resolved based on the information in the Report. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/4/2021. (dmn, )
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Filing 9
Response to #8 Order (Defendants' Report to the Court) by Jefferson S. Dunn, Terry Raybon. (Simpson, Lauren) Modified on 2/4/2021 to clean up text. (dmn, )
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Filing 8
ORDER directing as follows: (1) Defense counsel shall file a report from the ADOC concerning the information requested by the Court during the teleconference no later than 2/4/2021, at 2:00 p.m. (CST); (2) Defendants shall file an expedited response to Plaintiff's #1 Complaint and Plaintiff's #3 Emergency Motion for Stay of Execution no later than 2/5/2021 at 5:00 p.m. (CST); (3) Plaintiff may file a reply to the Defendants' response no later than 2/8/2021 at 8:00 a.m. (CST); (4) this Court shall conduct a Hearing on the plaintiff's #3 Emergency MOTION for Stay of Execution on 2/8/2021 @ 1:00 PM (CST), in CR 2F of the US FMJ Courthouse Complex before Honorable Judge R. Austin Huffaker Jr.; directing the clerk to provide a court reporter for this proceeding. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/3/2021. Furnished to calendar group & DH.(djy, )
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Filing 7
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 2/3/2021 (PDF available for court use only). (Court Reporter Blanton Callen. Recording time 1:00-1:30) (dh)
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Filing 6
NOTICE of Appearance by Lauren Ashley Simpson on behalf of Jefferson S. Dunn, Terry Raybon (Simpson, Lauren)
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Filing 5
TEXT ORDER: directing that a status and scheduling conference is set by telephone for 2/3/2021, at 1:00 p.m. CST, before Judge R. Austin Huffaker Jr. Counsel shall contact chambers for the call-in number. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/3/2021. Furnished to calendar group & DH. (NO PDF document attached to this notice).(djy, )
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Filing 4
ORDER directing that plf forward to the clerk an initial partial filing fee of $71.76 be paid on or before 3/3/2021; Directing Monthly Payments be made from Inmate's Prison Account until $350 fee is paid in full, as further set out in order; 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 @ Holman Correctional Facility. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/3/2021. Furnished to cashier. (djy, )
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Filing 3
EMERGENCY MOTION for Stay of Execution by Willie B. Smith, III. (djy, )
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Filing 2
MOTION to Proceed in forma pauperis by Willie B. Smith, III. (Attachments: #1 DOC inmate statement)(djy, )
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Filing 1
Inmate 1983 COMPLAINT against Willie B. Smith, III, filed by Willie B. Smith, III. (Attachments: #1 Exhibit A-Smith Addendum, #2 Civil Cover Sheet)(djy, )
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