Smith v. Hamm et al (DEATH PENALTY)
Plaintiff: Kenneth Eugene Smith
Defendant: John Q. Hamm and Alabama Department of Corrections
Case Number: 2:2022cv00497
Filed: August 17, 2022
Court: US District Court for the Middle District of Alabama
Presiding Judge: R Austin Huffaker
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2022 Opinion or Order 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)
October 13, 2022 Opinion or Order Filing 20 RESPONSE to Motion re #17 MOTION to Expedite Discovery & Motion for Scheduling Order filed by John Q. Hamm. (Anderson, Richard)
October 12, 2022 Opinion or Order Filing 19 NOTICE by John Q. Hamm (Anderson, Richard)
October 11, 2022 Opinion or Order 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, )
October 11, 2022 Opinion or Order 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)
October 7, 2022 Opinion or Order Filing 16 NOTICE by John Q. Hamm (Anderson, Richard)
October 7, 2022 Opinion or Order ***ATTORNEY WAS ERRONEOUSLY ADDED DUE TO CLERICAL ERROR - Attorney Lauren Ashley Simpson terminated. (No PDF attached to this entry) (bes, )
October 6, 2022 Opinion or Order 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, )
October 3, 2022 Opinion or Order ***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, )
October 3, 2022 Opinion or Order 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)
September 30, 2022 Opinion or Order Filing 13 NOTICE of Setting of Execution Date by John Q. Hamm (Attachments: #1 A - ASCT Order)(Anderson, Richard)
September 19, 2022 Opinion or Order 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)
August 29, 2022 Opinion or Order 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, )
August 26, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 22, 2022 Opinion or Order 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)
August 19, 2022 Opinion or Order 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, ).
August 19, 2022 Opinion or Order 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, ).
August 19, 2022 Opinion or Order 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, ).
August 18, 2022 Opinion or Order Filing 3 NOTICE of Appearance by Richard Dearman Anderson on behalf of Alabama Department of Corrections, John Q. Hamm (Anderson, Richard)
August 18, 2022 Opinion or Order 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, )
August 18, 2022 Opinion or Order 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, ).
August 18, 2022 Opinion or Order 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, )
August 18, 2022 Opinion or Order Corporate/Conflict Disclosure Statement by Kenneth Eugene Smith. (No PDF attached to this entry - see doc #1 for PDF) (bes, )
August 18, 2022 Opinion or Order Case Assigned to Honorable Judge R. Austin Huffaker, Jr.. (No PDF attached to this entry) (amf, )
August 18, 2022 Opinion or Order MOTION for Preliminary Injunction by Kenneth Eugene Smith. (No PDF attached to this entry - see doc #1 for PDF) (bes, )

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Plaintiff: Kenneth Eugene Smith
Represented By: Andrew Burns Johnson
Represented By: David Ari Kerschner
Represented By: Jeffrey Hutton Horowitz
Represented By: Robert M. Grass
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Defendant: John Q. Hamm
Represented By: Lauren Ashley Simpson
Represented By: Richard Dearman Anderson
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Defendant: Alabama Department of Corrections
Represented By: Richard Dearman Anderson
Represented By: Lauren Ashley Simpson
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