Miller v. Hamm et al (DEATH PENALTY)
Plaintiff: Alan Eugene Miller
Defendant: John Q. Hamm, Terry Raybon and Steve Marshall
Case Number: 2:2022cv00506
Filed: August 22, 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 November 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2022 Opinion or Order Filing 98 ORDER: Now pending before the Court is Plaintiff Alan Eugene Miller's Motion for Expedited Discovery. (Doc. #90 .) The Defendants have filed a response in opposition, (Doc. #93 ), and Miller was granted leave to file a reply, (Docs. #95 , 96 ). The motion is ripe for review. Miller has demonstrated good cause for expedited discovery, although not on the precise timeline he seeks. Accordingly, it is ORDERED as follows: Miller's motion is GRANTED IN PART to the extent set out further in this order and DENIED in all other respects. The Defendants shall respond to the following discovery requests as soon as the responses are ready but no later than 10/27/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/20/2022. Furnished Appeals Clerk. (dmn, )
October 20, 2022 Opinion or Order Filing 97 REPLY BRIEF in Support of re #90 MOTION for Discovery filed by Alan Eugene Miller. (Robertson, James) Modified on 10/20/2022 to clarify text (cwl, ).
October 20, 2022 Opinion or Order Filing 96 TEXT ORDER granting #95 Motion for Leave to File Reply in Support of #90 Motion for Expedited Discovery. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/20/2022. Furnished Appeals Clerk. (dmn, ) (no pdf)
October 19, 2022 Opinion or Order Filing 95 MOTION for Leave to File Reply in Support of Motion for Expedited Discovery by Alan Eugene Miller. (Attachments: #1 Exhibit A - Reply in Support of Motion for Expedited Discovery)(Robertson, James)
October 19, 2022 Opinion or Order Filing 94 NOTICE of Filing in Alabama Supreme Court (CC-99-792/CR-99-2282) filed in response to Court #87 Order by Alan Eugene Miller. (Attachments: #1 Exhibit A - Supreme Court Order Granting Miller's Motion to Exceed Word Limitation in his Opposition to the Expedited Motion to Set an Execution Date)(Robertson, James) Modified on 10/20/2022 to clean up text (cwl, ). Modified on 10/20/2022 to include text re execution and create link. (dmn, )
October 19, 2022 Opinion or Order Filing 93 RESPONSE in Opposition re #90 MOTION for Discovery filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Houts, James)
October 18, 2022 Opinion or Order Filing 92 NOTICE of Filing in Alabama Supreme Court by Alan Eugene Miller (Attachments: #1 Exhibit A - Motion to Exceed Word Limitation on his Opposition to the State's Expedited Motion to Set an Execution Date to the AL Supreme Court)(Robertson, James) Modified on 10/18/2022 to clean up text (cwl, ). Modified on 10/20/2022 to include text re execution. (dmn, )
October 17, 2022 Opinion or Order Filing 91 TEXT ORDER: It is ORDERED that the Defendants shall respond to the Plaintiff's Motion for Expedited Discovery (Doc. #90 ) on or before 10/19/2022 at 12:00 p.m. CDT. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/17/2022. Furnished Appeals Clerk.(dmn, ) (no pdf)
October 17, 2022 Opinion or Order Filing 90 MOTION for Expedited Discovery by Alan Eugene Miller. (Attachments: #1 Exhibit A - Pl's Second Set of Interrogatories, #2 Exhibit B - Pl's Second Requests for Production)(Robertson, James) Modified on 10/17/2022 to clarify text (cwl, ).
October 14, 2022 Opinion or Order Filing 89 Response to Court's #87 Order Dated 10/13/2022 filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Attachments: #1 Exhibit A: AL Supreme Court Order dated 10/5/22 re State of AL's Expedited Motion to Set an Execution Date, #2 Exhibit B: AL Supreme Court Order dated 10/7/22 granting Miller's Motion for an Enlargement of Time to Respond to the State of AL's Expedited Motion to Set an Execution Date)(Houts, James) Modified on 10/20/2022 to include additional text re execution. (dmn, )
October 13, 2022 Opinion or Order Filing 88 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status/Scheduling Conference held on 10/13/2022 (PDF available for court use only). (Court Reporter Katie Silas.) (dh)
October 13, 2022 Opinion or Order Filing 87 ORDER: it is hereby ORDERED as follows: 1. The Defendants shall file their respective answers or motions directed at the Second Amended Complaint on or before 10/21/2022 at 12:00 noon CDT; 2. Miller shall file his response to the Defendants' motions on or before 10/26/2022; 3. The Defendants shall file a reply on or before 10/28/2022; 4. The Defendants shall file a copy of any Order(s) or other filing(s) issued to date by the Alabama Supreme Court concerning the pending motion to reset Millers execution (the execution motion) on or before 10/14/2022; 5. Going forward, the parties shall keep the Court apprised of any developments in the Alabama Supreme Court regarding the execution motion, as further set out in order; 6. If Miller files an action in Alabama state court regarding his nitrogen hypoxia election or any other claim asserted in this federal lawsuit, Miller shall notify this Court, with the papers attached, as soon as practicable but no later than eight hours after filing the action in Alabama state court. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/13/2022. (cwl, ) Modified on 10/20/2022 to reflect Furnished Appeals Clerk. (dmn, )
October 12, 2022 Opinion or Order Filing 86 TEXT ORDER: Due to the filing of the Second Amended Complaint (Doc. #85 ), the Motions to Dismiss (Docs. #21 , #30 , & #35 ) are DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/12/2022. (No pdf attached to this entry) (cwl, )
October 12, 2022 Opinion or Order Filing 85 (STRICKEN - EFILED UNDER INCORRECT EVENT) AMENDED COMPLAINT against All Defendants, filed by Alan Eugene Miller. (Attachments: #1 Exhibit A - Miller Affidavit, #2 Exhibit B - Taylor v. State Motion, #3 Exhibit C - State's Resp to Miller's Obj to Mot to Set Execution Date, #4 Exhibit D - State's Expedited Mot to Set Execution Date)(Robertson, James) Modified on 10/12/2022 (cwl, ).
October 12, 2022 Opinion or Order Filing 84 ORDER: it is hereby ORDERED as follows: 1. Miller's Motion for Leave to File a Second Amended Complaint (Doc. #79 ) is GRANTED. Miller shall file the Second Amended Complaint as a separate docket entry as soon as possible but no later than 10/13/2022. 2. Given the expedited nature of these proceedings, the Defendants shall file their respective answers or motions directed at the Second Amended Complaint on or before 10/21/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/12/2022. (cwl, )
October 12, 2022 Opinion or Order SECOND Amended Inmate 1983 COMPLAINT against John Q. Hamm, Steve Marshall, Terry Raybon, filed by Alan Eugene Miller. (No pdf attached to this entry - see doc #85 for pdf - attorney docketed as reg civil complaint when e-filing)(cwl, )
October 11, 2022 Opinion or Order Filing 83 RESPONSE TO ORDER TO SHOW CAUSE re #81 Order to Show Cause, (Defendants' Response to Miller's Motion for Leave to File a Second Amended Complaint) filed by John Q. Hamm. (Jordan, Audrey Kathleen) Modified on 10/11/2022 to clean up text (cwl, ).
October 11, 2022 Opinion or Order Filing 82 Received Initial Partial Filing fee: $ 30.00, receipt number 403 (cwl, )
October 7, 2022 Opinion or Order Filing 81 ORDER TO SHOW CAUSE: it is hereby ORDERED that on or before Tuesday, 10/11/2022, the Dfts shall show cause in writing why the Plf's #79 motion should not be granted; It is further ORDERED that this case is SET for a telephonic status and scheduling conference on Thursday, 10/13/2022 at 9:00 AM CDT; The Courtroom Deputy will contact counsel with the call-in number; The Clerk is DIRECTED to provide a court reporter for this proceeding. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/7/2022. (Furn: Calendar, dh) (bes, )
October 7, 2022 Opinion or Order Filing 80 NOTICE of State of Alabama's Expedited Motion Requesting Alabama Supreme Court to Set Alan Miller's Execution Date by Steve Marshall (Attachments: #1 A - State's ASCT Motion)(Hughes, Beth) Modified on 10/7/2022 to clarify the docket text (bes, ).
October 6, 2022 Opinion or Order Filing 79 MOTION for Leave to File A Second Amended Complaint by Alan Eugene Miller. (Attachments: #1 Exhibit A - Second Amended Complaint)(Robertson, James)
October 5, 2022 Opinion or Order Filing 78 ORDER: Following the State of Alabama's unsuccessful attempt to execute the Plaintiff by lethal injection on 9/22/2022, the Court held a telephonic status conference on 9/23/2022, to address the Plaintiff's Emergency Motion for Access to Preserve Evidence (Doc. #72 ). At the conference, Plaintiff's counsel represented that they anticipate filing an amended complaint. Because the Plaintiff has already filed an Amended Complaint (Doc. #18 ), the Plaintiff's next pleading would be the Second Amended Complaint. To date, no formal request for leave to file a Second Amended Complaint has been filed. If no Second Amended Complaint is filed, the Court will need to rule on the currently pending motions to dismiss (Docs. #21 , #30 , #35 ). By contrast, the filing of a Second Amended Complaint would moot the pending motions, although the Court anticipates that a Second Amended Complaint may trigger one or more new motions to dismiss. The Court wants this case to progress efficiently. In the interest of efficiency, and pursuant to the Court's authority to manage its docket, it is ORDERED that the Plaintiff shall file his motion for leave to file a Second Amended Complaint, to the extent he wishes to file one, on or before 10/14/2022. Nothing in this Order shall be construed as relieving the Plaintiff of the requirements set forth in FRCP 15(a)(2) or MDAL Local Rule 15, nor shall it be deemed as foreclosing any opposition by the Defendants to such a motion. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/5/2022. Furnished Appeals Clerk.(dmn, )
September 23, 2022 Opinion or Order Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE CONFERENCE (MOTION HEARING re #72 Emergency Motion) (PDF ACCESS RESTRICTED FOR 90 DAYS) for dates of September 23, 2022 before Judge R. Austin Huffaker, Jr., re #63 Notice of Appeal. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. 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 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (dmn, )
September 23, 2022 Opinion or Order Filing 76 ORDER REGARDING ACCESS TO MR. MILLER AND PRESERVATION OF EVIDENCE: In addition to the verbal orders provided at the status conference, and the Court's #74 Order, the Court hereby orders: 1) Dfts to provide counsel for Plf direct, in-person access to Mr. Miller at Holman Correctional Facility between 4:00-6:00 PM on 9/23/2022 and 7:00-9:00 AM on 9/24/2022 and 9/25/2022; 2) Counsel for Plf shall have the ability to take still photograph and videos of Mr. Miller while at Holman through the use of his or her cellular telephone on September 23-25, 2022. Counsel for Plf shall keep the phone on "airplane mode" for the duration of the visits and shall make his or her best efforts to minimize any security risks when taking photos and videos; 3) Counsel for Plf shall have the ability to bring evidence stickers and rulers, or similar equipment with him or her to Holman on September 23-25, 2022. Counsel for Plf shall also have the ability to bring a cellular phone charger; 4) Dfts are not permitted to access the phone used by counsel for Plf, but will be allowed to view photographs and videos taken to assess any potential security issues. Should such issues arise, challenged photographs will be sequestered until such time as the Court has had an opportunity to review them; 5) Dfts are ordered to make Mr. Miller available to see a medical doctor retained on his own behalf on 9/24/2022 or 9/25/2022, who may bring with him or her his cellular phone on airplane mode. Photographs or videos taken by the doctor shall be subject to the same security precautions as those taken by counsel. Should the doctor require any medical equipment or device to assist in his evaluation of Mr. Miller, that equipment will be disclosed to ADOC prior to the doctor's arrival - any such device shall be identified and its purpose stated. Should a dispute arise regarding the appropriateness of any such equipment, it will be submitted to the Court; 6) Dfts and their employees, contractors, and agents, including any medical personnel, are ordered to make immediate efforts to locate and preserve all evidence related to the attempted execution of Mr. Miller on 9/22/2022, including but not limited to: a) All medical charts, reports, and notes that were prepared, relied upon, documented, or otherwise used; b) All medical materials and equipment, including but not limited to syringes, swabs, scalpels, and IV-lines that were used or otherwise relied upon. Dfts are ordered to make a good-faith effort to recover these materials, including any medical waste. All materials recovered shall be preserved and maintained by ADOC; and c) All communications relating to the attempted execution on 9/22/2022 from personnel employed, contracted by, or otherwise associated with Holman, the Alabama Department of Corrections, and Alabama Attorney General's Office, including e-mails, phone calls, text messages, notes, or any other form of communication, written or otherwise. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/23/2022. (furn: Appeals Clerk) (wcl, )
September 23, 2022 Opinion or Order Filing 75 Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 9/23/2022 re #72 Emergency MOTION for Access to Preserve Evidence (PDF available for court use only). (Court Reporter Patricia Starkie.) (dh)
September 23, 2022 Opinion or Order Filing 74 ORDER: it is ORDERED that the #72 Motion is GRANTED as follows: (1) Plaintiff's counsel and one of his agents shall be allowed direct, in-person access to the Plaintiff between 4:00 and 6:00 PM today and between 7:00 and 9:00 AM (CT) Saturday, September 24, 2022, and Sunday, September 25, 2022, at Holman Correctional Facility; (2) Plaintiff's counsel shall be permitted to bring an iPhone (or other smartphone) into the facility. The phone shall be kept in "airplane mode" for the duration of the visit, meaning the phone should not be turned on in such a manner that it will connect via WiFi or cellular means; (3) Plaintiff's counsel shall be allowed to take photos and videos when meeting with Plaintiff. Plaintiffs counsel will use his/her best efforts to minimize any security risks when taking photos and videos; (4) ADOC counsel shall make immediate efforts to locate and preserve evidence concerning the attempted execution, including but not limited to notes, emails, texts, and used medical supplies such as syringes, swabs, scalpels, and IV-lines as directed by the Court during the teleconference; (5) Commissioner Hamm, Warden Raybon, and any and all ADOC officials involved in the execution shall preserve all notes, emails, and texts concerning the execution, including those made and/or exchanged before (starting at 6 pm, September 22, 2022), during, and after the attempted execution; and (6) ADOC shall preserve any records related to any medical observation, inspection, charting, and/or treatment of the Plaintiff both before and after the attempted execution. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/23/2022. (cwl, ) Modified on 9/23/2022 to correct the docket text to add the link to the #72 motion (wcl, ).
September 23, 2022 Opinion or Order Filing 73 TEXT ORDER: A telephone status conference regarding the Emergency Motion for Access (Doc. #72 ) is SET for 10:30 AM (CT). The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/23/2022. (furn: calendar, dh) (No pdf attached to this entry)(cwl, )
September 23, 2022 Opinion or Order Filing 72 Emergency MOTION for Access to Preserve Evidence by Alan Eugene Miller. (Robertson, James)
September 22, 2022 Opinion or Order Filing 71 ORDER of USCA (Per Curiam) as to #63 Notice of Appeal filed by John Q. Hamm, Terry Raybon, Steve Marshall, 11th Circuit Appeal No. 22-13136-P: Motion for Stay filed by Appellants Attorney General, State of Alabama, Commissioner, Alabama Department of Corrections and Holman CF Warden is DENIED. (dmn, )
September 21, 2022 Opinion or Order Filing 70 MEMORANDUM OPINION AND ORDER: The State's Motion to Stay Judgment Pending Appeal (Doc. #67 ) is DENIED as further set out in the opinion and order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/21/2022. Furnished Appeals Clerk.(dmn, ) (Main Document 70 replaced on 9/21/2022) (dmn, ). Modified on 9/21/2022 to correct typographical error on Page 7, "Indeed the Court" to "Indeed the State." Corrected order emailed to USCA Death Penalty Clerk and regenerated. (dmn, )
September 21, 2022 Opinion or Order Filing 69 ORDER of USCA as to #63 Notice of Appeal filed by John Q. Hamm, Terry Raybon, Steve Marshall, 11th Circuit Appeal No. 22-13136-P: The Appellants' Emergency Motion to Expedite Briefing on their Emergency Motion to Stay Preliminary Injunction is GRANTED IN PART AND DENIED IN PART. The Appellee's response is still due at 9:00 am ET on 9/22/2022. If the Appellants wish to file a reply, they may do so by 1:00 pm ET on 9/22/2022. ENTERED FOR THE COURT BY DIRECTION. (dmn, )
September 21, 2022 Opinion or Order Filing 68 ORDER of USCA as to #63 Notice of Appeal filed by John Q. Hamm, Terry Raybon, Steve Marshall, 11th Circuit Appeal No. 22-13136-P: At the Court's direction Appellee's Response to Appellants' Motion to Stay Preliminary Injunction is due by 9/22/22 at 9:00 a.m. ET. ENTERED FOR THE COURT BY DIRECTION. (dmn, )
September 20, 2022 Opinion or Order Filing 67 MOTION to Stay Pending Appeal by John Q. Hamm. (Hughes, Beth)
September 20, 2022 Opinion or Order Filing 66 USCA Case Number 22-13136-P for #63 Notice of Appeal filed by Appellants John Q. Hamm, Terry Raybon, Steve Marshall(noted by USCA as Appellants Attorney General, State of Alabama, Commissioner, Alabama Department of Corrections and Holman CF Warden) on 9/20/2022. DEATH PENALTY APPEAL. Appellant brief due 40 days from 9/20/2022. Fee Status: Fee Paid. (dmn, )
September 20, 2022 Opinion or Order Filing 65 Appeal Instructions sent to Beth Jackson Hughes counsel for Appellants John Q. Hamm, Steve Marshall, Terry Raybon re #63 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, )
September 20, 2022 Opinion or Order Filing 64 Transmission of #63 Notice of Appeal, #62 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, )
September 20, 2022 Opinion or Order Filing 63 NOTICE OF APPEAL by John Q. Hamm, Steve Marshall, Terry Raybon as to #62 Memorandum Opinion and Order entered 9/19/2022. ( Filing fee $ 505 receipt number AALMDC-3290512.) (Hughes, Beth) Modified on 9/20/2022 to clean up text. (dmn, )
September 19, 2022 Opinion or Order Filing 62 MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: 1. The Motion for Preliminary Injunction (Doc. #28 ) is GRANTED as further set out in the opinion and order; and 2. The Defendants and their agents are hereby ENJOINED from executing Alan Eugene Miller by any method other than nitrogen hypoxia until further order from this Court. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/19/2022. Furnished Appeals Clerk.(dmn, )
September 16, 2022 Opinion or Order Filing 61 NOTICE of Defendants' Evidentiary Submission by John Q. Hamm, Steve Marshall, Terry Raybon (Attachments: #1 Exhibit A)(Hughes, Beth) Modified on 9/19/2022 to clean up text (cwl, ).
September 15, 2022 Opinion or Order Filing 60 NOTICE of Appearance by Richard Dearman Anderson on behalf of John Q. Hamm, Steve Marshall, Terry Raybon (Anderson, Richard)
September 15, 2022 Opinion or Order Filing 59 Response to #55 Order to File Affidavit setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022, filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Attachments: #1 A- Affidavit of John Q. Hamm)(Hughes, Beth) Modified on 9/19/2022 to include additional text re execution date. (dmn, )
September 15, 2022 Opinion or Order Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/12/2022, before Judge R. Austin Huffaker, Jr. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053. 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 10/6/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/14/2022. (cwl, )
September 15, 2022 Opinion or Order Filing 57 NOTICE of Appearance by Beth Jackson Hughes on behalf of John Q. Hamm, Steve Marshall, Terry Raybon (Hughes, Beth)
September 13, 2022 Opinion or Order Filing 55 ORDER: it is ORDERED that, on or before 9/15/2022 at 5:00 p.m. CDT, the Defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on 9/22/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/13/2022. (cwl, )
September 13, 2022 Opinion or Order Filing 54 NOTICE of Correction re #53 Evidentiary Submission, to attach the correct main PDF document pursuant to email communication with Counsel. (Attachments: #1 Correct Main doc entry #53 )(cwl, )
September 12, 2022 Opinion or Order Filing 56 Minute Entry for Evidentiary Hearing held before Honorable Judge R. Austin Huffaker on 9/12/2022 (PDF available for court use only). (Court Reporter Patricia Starkie.) (Attachments: #1 Defendant's Exhibit List) (cb, ), #2 Witness List, #3 Plaintiff's Exhibit List, #4 PLA EXH 1, #5 PLA EXH 2, #6 PLA EXH 3, #7 PLA EXH 4, #8 PLA EXH 5, #9 PLA EXH 6, #10 PLA EXH 7, #11 PLA EXH 8, #12 PLA EXH 9, #13 PLA EXH 10, #14 PLA EXH 11, #15 PLA EXH 12, #16 PLA EXH 13, #17 PLA EXH 14, #18 PLA EXH 15, #19 PLA EXH 16, #20 PLA EXH 17, #21 PLA EXH 18, #22 PLA EXH 19, #23 PLA EXH 20, #24 PLA EXH 21) (war, ). Modified on 9/20/2022 to correct the judge association and court reporter. (cb, ). (Attachment 1 replaced on 9/20/2022) (cb, ).
September 12, 2022 Opinion or Order Filing 53 Evidentiary Submission Response to Def's Exhibit 2 filed by Alan Eugene Miller. (Robertson, James) (Main Document 53 replaced on 9/13/2022 to attach the correct main PDF document pursuant to email communication with Counsel) (cwl, ). Modified on 9/13/2022 to clarify text (cwl, ).
September 12, 2022 Opinion or Order Filing 52 NOTICE of Post-Hearing Evidentiary Submission by Alan Eugene Miller (Attachments: #1 Exhibit Miller Affidavit, #2 Exhibit State's Resp. to Pl Obj to Mot to Set Execution Date, #3 Exhibit Order, Miller v. State (S. Ct. Ala.), #4 Exhibit Defs Resp to Pls Request for Admission, #5 Exhibit State of Alabama Execution Procedures, #6 Exhibit Ala. AG Stmt on Execution of M. Reeves, #7 Exhibit Ala. AG Stmt on Execution of J. James, #8 Exhibit Stallworth Election, #9 Exhibit Order, Smith v. Dunn (M.D. Ala.), #10 Exhibit Emberton Affidavit, #11 Exhibit Boyer Testimony, #12 Exhibit State's Mot to Withdraw Mot. to Set Execution Date, Taylor v. State, #13 Exhibit Stewart Deposition, #14 Exhibit Emberton Deposition, #15 Exhibit Raybon Deposition, #16 Exhibit Emberton Deposition, #17 Exhibit Parker Deposition, #18 Exhibit Emberton Testimony, Reeves v. Dunn, #19 Exhibit Motion Hrg Trans, Reeves v. Dunn, #20 Exhibit Stewart Testimony, Reeves v. Dunn, #21 Exhibit Jarrod Taylor Attorney Docs, #22 Exhibit State's Motion to Set an Execution Date, #23 Exhibit Opp'n to States Motion to Set Execution Date, #24 Exhibit Am. Mot. to Place Under Seal Ex. B, #25 Exhibit Order Conditionally Granting Am. Mot. to Place Under Seal Ex. B, #26 Exhibit States Resp. to Pls Obj. to Mot. to Set an Execution Date, #27 Exhibit Reply ISO Opp'n to States Mot. to Set Execution Date, #28 Exhibit Order Granting States Mot. to Set an Execution Date, #29 Exhibit Miller Deposition)(Robertson, James) Modified on 9/13/2022 to clean up text (cwl, ).
September 12, 2022 Opinion or Order Filing 51 Evidentiary Submission per Court's Request filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Attachments: #1 Exhibit 4 per page Defs Ex 1, #2 Exhibit Exhibit B Miller ASC)(Houts, James)
September 12, 2022 Opinion or Order Filing 50 TEXT ORDER: On 8/29/2022, the Plaintiff filed an Amended Complaint (Doc. #18 ). Consequently, the Motion for More Definite Statement (Doc. #13 ) is DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/12/2022. (No pdf attached to this entry) (cwl, )
September 12, 2022 Opinion or Order Filing 49 TEXT ORDER: This Court granted Plaintiff's Application to Proceed In Forma Pauperis (Doc. #26 ). Consequently, the Motion for Leave to Proceed IFP (Doc. #2 ) is DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/12/2022. (No pdf attached to this entry) (cwl, )
September 11, 2022 Opinion or Order Filing 48 REPLY BRIEF re #28 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Miller Via Lethal Injection filed by Alan Eugene Miller. (Attachments: #1 Exhibit Miller Deposition, #2 Exhibit Stewart Testimony, #3 Exhibit Stewart Deposition, #4 Exhibit Stewart Testimony, #5 Exhibit Emberton Deposition, #6 Exhibit Hearing Transcript, #7 Exhibit Election Form)(Robertson, James)
September 11, 2022 Opinion or Order Filing 47 REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Houts, James)
September 9, 2022 Opinion or Order Filing 46 NOTICE of Partial Compliance by John Q. Hamm, Steve Marshall, Terry Raybon re #36 Order, (Houts, James) Modified on 9/9/2022 to clean up text (cwl, ).
September 9, 2022 Opinion or Order Filing 45 OMNIBUS RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alan Eugene Miller. (Robertson, James) Modified on 9/9/2022 to clarify text (cwl, ).
September 9, 2022 Opinion or Order Filing 44 Return Receipt Card showing service of #18 Amended 1983 Complaint & #27 Summons signed by Barbara Baldwin for John Q. Hamm served on 9/7/2022, answer due 9/28/2022. (cwl, )
September 8, 2022 Opinion or Order Filing 43 Return Receipt Card showing service of #18 Amended 1983 Complaint & #27 Summons signed by O. Grimes for Terry Raybon served on 9/6/2022, answer due 9/27/2022. (cwl, )
September 8, 2022 Opinion or Order Filing 42 RESPONSE in Opposition re #28 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Miller Via Lethal Injection filed by John Q. Hamm. (Houts, James)
September 8, 2022 Opinion or Order Filing 41 ORDER: An evidentiary hearing on the Plaintiff's #28 Motion for Preliminary Injunction is SET for 9/12/2022, @ 9:00 a.m. CDT in CR 2D of the FMJ U.S. Courthouse, 1 Church Street, Montgomery, AL; it is ORDERED as follows: (1) To the extent Plaintiff requests a transport order, the #40 Motion is GRANTED; The persons having custody of Alan Eugene Miller (AIS 0000Z672) shall produce him at the evidentiary hearing scheduled in this matter; (2) To the extent Plaintiff requests a brief meeting with counsel prior to the hearing, the #40 Motion is GRANTED; Counsel will be allowed to meet with Plaintiff 30 minutes prior to the start of the evidentiary hearing; The persons having custody of Plaintiff shall ensure he is available to meet with his counsel on or before 8:30 a.m. CDT in the FMJ U.S. Courthouse; (3) The Clerk is DIRECTED to provide a copy of this order to the transfer agent for the Alabama Department of Corrections and to the United States Marshal. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/8/2022. (Furnished: Calendar, DH, ADOC Transport & USMS)(am, )
September 7, 2022 Opinion or Order Filing 40 MOTION for Order Transporting Alan Eugene Miller to Courthouse and For Counsel's Reasonable Access to Mr. Miller by Alan Eugene Miller. (Robertson, James) Modified on 9/8/2022 to correct mtn event (cwl, ).
September 7, 2022 Opinion or Order Filing 38 TEXT ORDER: granting #37 Unopposed Motion to Conditionally Grant Motion for Kelly J. Huggins to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/7/2022. (No pdf attached to this entry) (cwl, )
September 6, 2022 Opinion or Order Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/2/2022, before Judge R. Austin Huffaker, Jr. Court Reporter/Transcriber Blanton Callen, Telephone number (334) 412-3507. 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 9/27/2022. Redacted Transcript Deadline set for 10/7/2022. Release of Transcript Restriction set for 12/5/2022. (cwl, )
September 6, 2022 Opinion or Order ***PURSUANT TO THE #37 MOTION - Attorney Kelly J. Huggins for Alan Eugene Miller added. (No pdf attached to this entry) (cwl, )
September 6, 2022 Opinion or Order Filing 37 Unopposed Motion to Conditionally Grant Motion for Kelly J. Huggins to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3283127.) by Alan Eugene Miller. (Attachments: #1 Exhibit Pro Hac Vice Motion)(Robertson, James) Modified on 9/6/2022 to add atty's name to text & clarify text (cwl, ). (Additional attachment(s) added on 9/7/2022: #2 USDC Certificate of Good Standing) (cwl, ).
September 6, 2022 Opinion or Order Filing 36 ORDER: it is ORDERED as follows: 1) The Plaintiff's #32 motion is GRANTED IN PART to the extent set out in this Order and DENIED in all other respects. 2) The Defendants shall produce responses to the following discovery requests (docs. #32 -1, #32 -2 and #32 -3) as soon as the responses are ready but no later than midnight, 9/9/2022, as further set out in order. 3) The Plaintiff shall produce the following as soon as the following documents are ready but no later than midnight, 9/9/2022, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/6/2022. (cwl, )
September 5, 2022 Opinion or Order Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Q. Hamm. (Houts, James)
September 4, 2022 Opinion or Order Filing 34 REPLY BRIEF in Support re #32 (Partially Opposed) MOTION for Expedited Discovery filed by Alan Eugene Miller. (Robertson, James) Modified on 9/6/2022 to clarify text (cwl, ).
September 3, 2022 Opinion or Order Filing 33 RESPONSE in Opposition re #32 MOTION for Discovery (Partially Opposed) filed by John Q. Hamm, Steve Marshall, Terry Raybon. (Attachments: #1 Exhibit A: Plaintiff Electronic Message August 4, 2022, #2 Exhibit B: Electronic Message to Plaintiff August 5, 2022, #3 Exhibit C: Plaintiff Electronic Message August 6, 2022)(Houts, James)
September 2, 2022 Opinion or Order Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference and Scheduling Conference held on 9/2/2022 (NO PDF available). (Court Reporter Blanton Callen.) (dh)
September 2, 2022 Opinion or Order Filing 32 (Partially Opposed) MOTION for Expedited Discovery by Alan Eugene Miller. (Attachments: #1 Exhibit Requests for Production, #2 Exhibit Interrogatories, #3 Exhibit Requests for Admission)(Robertson, James) Modified on 9/6/2022 to clarify text (cwl, ).
September 2, 2022 Opinion or Order Filing 31 ORDER: it is ORDERED as follows: 1) Defendant John Q. Hamm shall file his motion to dismiss, to the extent he wishes to file one, on or before 9/6/2022, at 12:00 p.m. CDT; 2) The Plaintiff shall file a response to the motions to dismiss filed by Defendants Marshall, Raybon, and Hamm (if any), on or before 9/9/2022, at 12:00 p.m. CDT; 3) The Defendants shall file a reply to the Plaintiff's response on or before 9/12/2022, at 5:00 a.m. CDT; 4) The deadline for the Plaintiff to respond to Defendant Marshall's motion to dismiss as set forth in the Court's 9/1/2022 Order (doc. #25 ) is VACATED; 5) The Defendants shall file a response to the Plaintiff's Motion for Preliminary Injunction on or before 9/8/2022, at 12:00 p.m. CDT; 6) The Plaintiff shall file a reply to the Defendants' response on or before 9/12/2022, at 5:00 a.m. CDT; 7) An evidentiary hearing on the Plaintiff's Motion for Preliminary Injunction (doc. #28 ) is SET for 9/12/2022, at 9:00 a.m. CDT in Courtroom 2D, Frank M. Johnson, Jr. U.S. Courthouse, 1 Church Street, Montgomery, Alabama. The Clerk of the Court is DIRECTED to provide a court reporter for this proceeding. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/2/2022. (furn: calendar, dh) (cwl, )
September 1, 2022 Opinion or Order Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Terry Raybon. (Houts, James)
September 1, 2022 Opinion or Order Filing 29 TEXT ORDER: It is ORDERED that a status and scheduling conference is SET to by telephone on 9/2/2022, at 9:00 AM. Counsel shall contact chambers for the call-in number. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/1/2022. (furn: calendar, dh) (NO pdf attached to this entry)(cwl, )
September 1, 2022 Opinion or Order Filing 28 MOTION for Preliminary Injunction To Enjoin Defendants From Executing Mr. Miller Via Lethal Injection by Alan Eugene Miller. (Robertson, James)
September 1, 2022 Opinion or Order Filing 27 Summons Issued as to John Q. Hamm, Steve Marshall, Terry Raybon; mailed CMRRR with copy of #18 Amended Inmate 1983 COMPLAINT. (cwl, )
September 1, 2022 Opinion or Order Filing 26 ORDER: granting #23 and as supplemented (Doc. #23 -1) Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk at the Holman Correctional Facility. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/1/2022. (furn: cashier) (cwl, )
September 1, 2022 Opinion or Order Filing 25 (The deadline for the Plaintiff to respond to Defendant Marshall's motion to dismiss is VACATED pursuant to the court's #31 Order) ORDER: it is ORDERED that on or before 8:00 a.m. CDT on Monday, 9/5/2022, Plaintiff shall show cause why the #21 motion should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/1/2022. (cwl, ) Modified on 9/2/2022 (cwl, ).
September 1, 2022 Opinion or Order Filing 24 TEXT ORDER granting #22 Motion for Marisol Ramirez to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/1/2022. (no pdf attached to this entry) (cwl, )
August 31, 2022 Opinion or Order Filing 23 Application to Proceed Without Prepayment of Fees and Affidavit by Alan Eugene Miller. (Attachments: #1 Exhibit A - ADOC Transaction Report)(Robertson, James)
August 31, 2022 Opinion or Order Filing 22 Motion for Marisol Ramirez to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3281024.) by Alan Eugene Miller. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Robertson, James) Modified on 9/1/2022 to add atty's name to text (cwl, ).
August 31, 2022 Opinion or Order Filing 21 MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by Steve Marshall. (Houts, James) Modified on 9/1/2022 to correct mtn event (cwl, ).
August 31, 2022 Opinion or Order Filing 20 TEXT ORDER granting #19 Motion for Mara E. Klebaner to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/31/2022. (No pdf attached to this entry) (cwl, )
August 30, 2022 Opinion or Order Filing 19 Motion for Mara E. Klebaner to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3280413.) by Alan Eugene Miller. (Attachments: #1 Exhibit A - COGS)(Robertson, James) Modified on 8/30/2022 to add atty's name to text (cwl, ).
August 29, 2022 Opinion or Order ***PURSUANT TO THE #18 AMENDED 1983 COMPLAINT - Attorney Mara Klebaner for Alan Eugene Miller added. (No pdf attached to this entry) (cwl, )
August 29, 2022 Opinion or Order Filing 18 Amended Inmate 1983 COMPLAINT against All Defendants, filed by Alan Eugene Miller. (Attachments: #1 Exhibit A - Affidavit of Alan Eugene Miller, #2 Exhibit B - States Resp. to Millers Objection to States Mot. to Set an Execution Date, #3 Exhibit C - States Mot. to Withdraw Mot. to Set Execution Date)(Robertson, James)
August 29, 2022 Opinion or Order Filing 17 TEXT ORDER: The Court construes the Response to the Motion for More Definite Statement as including a Motion for Leave to File an Amended Complaint. (Doc. #16 ). It is ORDERED that the Motion for Leave is GRANTED. The Plaintiff shall file the Amended Complaint on or before noon on 8/30/2022. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/29/2022. (No pdf attached to this entry) (cwl, )
August 29, 2022 Opinion or Order Filing 16 RESPONSE to Motion re #13 MOTION MOTION for More Definite Statement , construed as including a Motion for Leave to File an Amended Complaint, PURSUANT TO THE COURT'S 17 ORDER filed by Alan Eugene Miller. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Redline of Complaints)(Robertson, James) Modified on 8/29/2022 (cwl, ).
August 29, 2022 Opinion or Order MOTION for Leave to File Amended Complaint, as construed in the Court's 17 Order by Alan Eugene Miller. (No pdf attached to this entry - see doc #16 for pdf) (cwl, )
August 25, 2022 Opinion or Order Filing 15 NOTICE of Correction re #14 Order, to attach the correct main PDF document. (Attachments: #1 Correct Main doc entry #14 )(cwl, )
August 25, 2022 Opinion or Order Filing 14 ORDER: it is ORDERED that on or before noon on Monday, 8/29/2022, Plaintiff shall show cause why the #13 motion should not be granted. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/25/2022. (cwl, ) (Main Document 14 replaced on 8/25/2022 to attach the correct main PDF document) (cwl, ). Modified on 8/25/2022 to correct tect (cwl, ).
August 24, 2022 Opinion or Order Filing 13 MOTION for More Definite Statement by John Q. Hamm, Steve Marshall, Terry Raybon. (Houts, James) Modified on 8/25/2022 to terminate second erroneous motion & clarify text (cwl, ).
August 24, 2022 Opinion or Order Filing 12 TEXT ORDER: granting #10 Motion for Stephen Spector to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/24/2022. (No pdf attached to this entry) (cwl, )
August 24, 2022 Opinion or Order Filing 11 TEXT ORDER: granting #9 Motion for Daniel J. Neppl to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/24/2022. (No pdf attached to this entry) (cwl, )
August 23, 2022 Opinion or Order Filing 10 Motion for Stephen Spector to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3276812.) by Alan Eugene Miller. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Robertson, James) Modified on 8/24/2022 to add atty's name to text (cwl, ).
August 23, 2022 Opinion or Order Filing 9 Motion for Daniel J. Neppl to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number AALMDC-3276808.) by Alan Eugene Miller. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Robertson, James) Modified on 8/24/2022 to add atty's name to text (cwl, ).
August 23, 2022 Opinion or Order Filing 8 Corporate/Conflict Disclosure Statement by Alan Eugene Miller. (Robertson, James)
August 23, 2022 Opinion or Order Filing 7 NOTICE of Appearance by James Roy Houts on behalf of John Q. Hamm, Steve Marshall, Terry Raybon (Houts, James)
August 23, 2022 Opinion or Order Filing 6 Corporate/Conflict Disclosure Statement by John Q. Hamm, Steve Marshall, Terry Raybon re #5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Jordan, Audrey Kathleen) (Main Document 6 replaced on 8/23/2022 to lock down PDF) (cwl, ).
August 23, 2022 Opinion or Order Filing 5 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to John Q. Hamm, Terry Raybon, Steve Marshall. Corporate Disclosures due by 9/2/2022. (Attachments: #1 Conflict Statement Standing Order & Sample Format)(cwl, )
August 23, 2022 Opinion or Order Filing 4 NOTICE of Appearance by Audrey Kathleen Jones Jordan on behalf of John Q. Hamm, Steve Marshall, Terry Raybon (Jordan, Audrey Kathleen)
August 22, 2022 Opinion or Order Filing 3 Case Assigned to Honorable Judge R. Austin Huffaker, Jr. (cwl, )
August 22, 2022 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Alan Eugene Miller. (Robertson, James) Modified on 8/22/2022 to correct mtn event to application to proceed (cwl, ).
August 22, 2022 Opinion or Order Filing 1 Inmate 1983 COMPLAINT against John Q. Hamm, Steve Marshall, Terry Raybon, filed by Alan Eugene Miller. (Attachments: #1 Exhibit Miller Affidavit, #2 Exhibit Taylor Motion, #3 Civil Cover Sheet, #4 Proposed Summons to Hamm, #5 Proposed Summons to Marshall, #6 Proposed Summons to Raybon)(Robertson, James) (Attachment 4, 5 & 6 replaced on 8/22/2022 to lock down PDFs) (cwl, ).

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Search for this case: Miller v. Hamm et al (DEATH PENALTY)
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Plaintiff: Alan Eugene Miller
Represented By: Daniel J. Neppl
Represented By: Marisol Ramirez
Represented By: Stephen Spector
Represented By: James Bradley Robertson
Represented By: Kelly J. Huggins
Represented By: Mara Klebaner
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Defendant: John Q. Hamm
Represented By: Audrey Kathleen Jones Jordan
Represented By: Beth Jackson Hughes
Represented By: James Roy Houts
Represented By: Richard Dearman Anderson
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Defendant: Terry Raybon
Represented By: Audrey Kathleen Jones Jordan
Represented By: Beth Jackson Hughes
Represented By: James Roy Houts
Represented By: Richard Dearman Anderson
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Defendant: Steve Marshall
Represented By: Audrey Kathleen Jones Jordan
Represented By: Beth Jackson Hughes
Represented By: James Roy Houts
Represented By: Richard Dearman Anderson
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