Smith v. Hamm et al (DEATH PENALTY)
| Kenneth Eugene Smith |
| John Q. Hamm and Alabama Department of Corrections |
| 2:2022cv00497 |
| August 17, 2022 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Death Penalty - Habeas Corpus |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 21
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Oral Argument held on 10/13/2022 (PDF available for court use only). (Court Reporter Katie Silas.) (dh)
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Filing 20
RESPONSE to Motion re #17 MOTION to Expedite Discovery & Motion for Scheduling Order filed by John Q. Hamm. (Anderson, Richard)
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Filing 19
NOTICE by John Q. Hamm (Anderson, Richard)
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Filing 18
TEXT ORDER: It is ORDERED that Defendants shall respond to Plaintiff's #17 Motion for a Scheduling Order and Expedited Discovery no later than 10:00 AM CDT on Thursday, 10/13/2022. The Parties shall also be prepared to argue this motion during oral argument scheduled before this Court on Thursday, 10/13/2022 at 1:00 PM CDT. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/11/2022. (No PDF attached to this entry)(bes, )
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Filing 17
MOTION to Expedite Discovery & Motion for Scheduling Order by Kenneth Eugene Smith. (Attachments: #1 Exhibit 1 - Interrogatories, #2 Exhibit 2 - Requests for Production of Documents, #3 Exhibit 3 - Requests for Admission)(Johnson, Andrew)
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Filing 16
NOTICE by John Q. Hamm (Anderson, Richard)
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***ATTORNEY WAS ERRONEOUSLY ADDED DUE TO CLERICAL ERROR - Attorney Lauren Ashley Simpson terminated. (No PDF attached to this entry) (bes, )
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Filing 15
ORDER: it is hereby ORDERED as follows: 1. Oral argument on the Dfts' #10 Motion to Dismiss is SET for 10/13/2022, at 1:00 PM CDT in Courtroom 2D; The Clerk is DIRECTED to provide a court reporter for this proceeding; 2. Dft John Q. Hamm, Dfts' counsel Richard Dearman Anderson, and ADOC Legal Counsel Jody Stewart shall attend the oral argument to discuss and confirm the representation made in Dfts' #14 reply brief, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/6/2022. (furn: Calendar, dh) (bes, )
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***PURSUANT TO THE #14 REPLY - Attorney Lauren Ashley Simpson for Alabama Department of Corrections & John Q. Hamm added. (No PDF attached to this entry) (bes, )
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Filing 14
REPLY to Response to Motion re #10 MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 42 U.S.C. 1997e(c) filed by John Q. Hamm. (Attachments: #1 Exhibit A)(Anderson, Richard)
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Filing 13
NOTICE of Setting of Execution Date by John Q. Hamm (Attachments: #1 A - ASCT Order)(Anderson, Richard)
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Filing 12
BRIEF/MEMORANDUM in Opposition re #10 MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 42 U.S.C. 1997e(c) filed by Kenneth Eugene Smith. (Attachments: #1 Exhibit A - Declaration of Robert M. Grass)(Johnson, Andrew)
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Filing 11
ORDER: it is ORDERED that on or before 9/19/2022, Plf file a response to Dfts' #10 motion to dismiss, and on or before 10/3/2022, Dfts shall file a reply to Plf's response. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/29/2022. (bes, )
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Filing 10
MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 42 U.S.C. 1997e(c) by John Q. Hamm. (Anderson, Richard)
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Filing 9
TEXT ORDER granting #4 Motion for Attorney Robert M. Grass to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/22/2022. (dmn, ) (no pdf)
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Filing 8
TEXT ORDER granting #5 Motion for Attorney Jeffrey H. Horowitz to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/22/2022. (dmn, ) (no pdf)
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Filing 7
TEXT ORDER granting #6 Motion for Attorney David A. Kerschner to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/22/2022. (dmn, ) (no pdf)
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Filing 6
Motion to Appear Pro Hac Vice for Attorney David A. Kerschner ( Filing fee $ 75.00 receipt number AALMDC-3274618.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit A - Motion & Certificate of Good Standing)(Johnson, Andrew) Modified on 8/19/2022 to reflect requesting atty (bes, ).
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Filing 5
Motion to Appear Pro Hac Vice for Attorney Jeffrey H. Horowitz ( Filing fee $ 75.00 receipt number AALMDC-3274610.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit A - Motion & Certificate of Good Standing)(Johnson, Andrew) Modified on 8/19/2022 to reflect requesting Atty (bes, ).
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Filing 4
Motion to Appear Pro Hac Vice for Attorney Robert M. Grass ( Filing fee $ 75.00 receipt number AALMDC-3274605.) by Kenneth Eugene Smith. (Attachments: #1 Exhibit A - Motion & Certificate of Good Standing)(Johnson, Andrew) Modified on 8/19/2022 to reflect requesting Atty (bes, ).
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Filing 3
NOTICE of Appearance by Richard Dearman Anderson on behalf of Alabama Department of Corrections, John Q. Hamm (Anderson, Richard)
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Filing 2
Summons Issued as to Alabama Department of Corrections, John Q. Hamm. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (bes, )
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Filing 1
(DISREGARD, INCORRECT EVENT SELECTED DURING E-FILING) COMPLAINT against Alabama Department of Corrections, John Q. Hamm ( Filing fee $ 402.00 receipt number AALMDC-3273462.), filed by Kenneth Eugene Smith. 90 day Rule 4m deadline set for 11/16/2022. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons - Hamm, #3 Proposed Summons - AL Dept of Corrections, #4 Conflict Disclosure Statement)(Johnson, Andrew) (Attachment 2 & 3 replaced on 8/18/2022 to remove ability to edit summons PDFs) (bes, ). Modified on 8/18/2022 (bes, ).
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Inmate 1983 COMPLAINT against Alabama Department of Corrections, John Q. Hamm, filed by Kenneth Eugene Smith. (No PDF attached to this emtry - see doc #1 for PDF)(bes, )
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Corporate/Conflict Disclosure Statement by Kenneth Eugene Smith. (No PDF attached to this entry - see doc #1 for PDF) (bes, )
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Case Assigned to Honorable Judge R. Austin Huffaker, Jr.. (No PDF attached to this entry) (amf, )
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MOTION for Preliminary Injunction by Kenneth Eugene Smith. (No PDF attached to this entry - see doc #1 for PDF) (bes, )
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