Barber v. Ivey et al (DEATH PENALTY)
Plaintiff: James Edward Barber
Defendant: Kay Ivey, John Q. Hamm, Terry Raybon, Steve Marshall, John Does 1-3, John Doe 1, John Doe 2 and John Doe 3
Case Number: 2:2023cv00342
Filed: May 25, 2023
Court: US District Court for the Middle District of Alabama
Presiding Judge: Emily C Marks
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2023 Opinion or Order Filing 74 ORDER: Now pending before the Court is the Plaintiff's Emergency Motion Regarding Counsel's Right to Access (doc. #70 ) filed on 7/19/2023. It is ORDERED that the emergency motion (doc. #70 ) is GRANTED to the extent that the Defendants shall permit counsel for Mr. Barber to bring into Holman Correctional Facility one pad of paper and one click-top pen. The motion is DENIED in all other respects. Signed by Chief Judge Emily C. Marks on 7/20/2023. Furnished Appeals Clerk. (dmn, )
July 20, 2023 Opinion or Order Filing 73 OPPOSITION to Barber's #70 Emergency MOTION Regarding Counsel's Right of Access to Mr. Barber's Execution filed by John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon. (Johnson, Henry) Modified on 7/20/2023 to clean up text. (dmn, )
July 19, 2023 Opinion or Order Filing 72 ORDER: Now pending before the Court is the Plaintiff's Emergency Motion Regarding Counsel's Right to Access (doc. #70 ) filed on 7/19/2023. Upon consideration of the motion, and for good cause, it is ORDERED that the Defendants shall file a response to the motion not later than noon on 7/20/2023. Signed by Chief Judge Emily C. Marks on 7/19/2023. Furnished Appeals Clerk.(dmn, )
July 19, 2023 Opinion or Order Filing 71 SIGNED Opinion received from USCA Entered on 7/19/2023 re 11th Circuit Appeal No. 23-12242-P as to Appellant James Edward Barber. Decision: AFFIRMED. Opinion type: Published. Motion to Stay Execution filed by Appellant James Edward Barber is DENIED. Jill Pryor, Circuit Judge DISSENTING. BEFORE JILL PRYOR, BRANCH, AND LUCK, Circuit Judges. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. (dmn, ) Modified on 7/20/2023 to include additional text. (dmn, )
July 19, 2023 Opinion or Order Filing 70 Emergency MOTION Regarding Counsel's Right of Access to Mr. Barber's Execution by James Edward Barber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Klebaner, Mara)
July 13, 2023 Opinion or Order Filing 68 USCA ORDER as to #58 Notice of Appeal filed by James Edward Barber, 11th Circuit Appeal No. 23-12242-P: The Court will hear oral argument in this case on Monday, 7/17/2023 at 2:00 p.m. (eastern daylight time). Oral argument will be conducted via Zoom. ENTERED FOR THE COURT BY DIRECTION. (dmn, )
July 13, 2023 Opinion or Order Filing 67 USCA ORDER as to #58 Notice of Appeal filed by James Edward Barber, 11th Circuit Appeal No. 23-12242-P: Appellant's motion for expedition is GRANTED. Based on Appellant's counsel's representation that a motion for stay of execution would be forthcoming, the Court directs as follows: Appellant's motion for stay of execution shall be filed no later than 7/14/2023, at 12:00 p.m. CDT. Appellee's response shall be filed no later than 7/16/2023, at 12:00 p.m. CDT. Appellant's reply shall be filed no later than 7/17/2023, at 8:00 a.m. CDT. ENTERED FOR THE COURT BY DIRECTION. (dmn, )
July 13, 2023 Opinion or Order Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #58 Notice of Appeal, Appeal No. 23-12242-P. The entire record on appeal is available electronically.(dmn, )
July 12, 2023 Opinion or Order Filing 69 USCA Case Number 23-12242-P for #58 Notice of Appeal filed by James Edward Barber. DEATH PENALTY. USDC motion pending: DE#54 MOTION to Compel Deposition of Defendant Terry Raybon & for Expedited Briefing, DE#45 MOTION to Compel Production of Document and Interrogatories. Transcripts: All already on file. Fee Status: IFP Granted.(dmn, )
July 12, 2023 Opinion or Order Filing 66 ORDER: it is ORDERED that the plf's #54 motion to compel the deposition of Dft Terry Raybon and for expedited briefing is GRANTED to the extent that it requests expedited treatment; It is further ORDERED that the Plf's #54 motion is DENIED in all other respects. Signed by Chief Judge Emily C. Marks on 7/12/2023. (bes, )
July 12, 2023 Opinion or Order Filing 65 NOTICE of Correction re #63 Response to Order to Show Cause. The original pdf contained typographical error on document number referenced for order. The correct pdf is attached to this notice. (Attachments: #1 Correct pdf of Doc. #63 Response to OSC)(dmn, ) (Main Document 65 replaced on 7/12/2023 due to header missing.) (dmn, ). Modified on 7/12/2023. (dmn, )
July 12, 2023 Opinion or Order Filing 64 TRANSCRIPT ORDER FORM re #58 Notice of Appeal by James Edward Barber with the following notation: "All necessary transcript(s) already on file." (Hinton, Paula) Modified on 7/12/2023 to clean up text. (dmn, )
July 12, 2023 Opinion or Order Filing 63 RESPONSE TO #57 ORDER TO SHOW CAUSE on Motion to Dismiss, filed by John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon. (Attachments: #1 Exhibit A- Email)(Anderson, Richard) (Main Document 63 replaced on 7/12/2023) (dmn, ). Modified on 7/12/2023 to correct order document number referenced and correct link in docket text. (dmn, )
July 12, 2023 Opinion or Order Filing 62 ORDER: On 7/11/2023, the Plaintiff filed a Notice of Appeal (doc. #58 ) and motion for leave to appeal in forma pauperis (doc. #59 ). Because a review of the Plaintiff's motion demonstrates that he does not have the assets necessary to pay the filing fee, the motion will be granted. Pursuant to 28 U.S.C. 1915(a) it is ORDERED that the motion for leave to appeal in forma pauperis (doc. #59 ) is GRANTED. Signed by Chief Judge Emily C. Marks on 7/12/2023. Furnished Appeals Clerk, Cashier. (dmn, )
July 11, 2023 Opinion or Order Filing 61 Transmission of #58 Notice of Appeal, #59 Motion for Leave to Appeal IFP, #51 Memorandum Opinion and Order, and Docket Sheet to US Court of Appeals. (Attachments: #1 Docket Sheet and Appeal Record)(dmn, )
July 11, 2023 Opinion or Order Filing 60 Appeal Instructions sent to Paula Weems Hinton, Kelly Huggins, Benjamin Brunner, Mara E. Klebaner, Stephen Spector, Christopher D. Batdorf-Barnes, Jeffrey T. Green, Joshua Fougere, counsel for Appellant James Barber re #58 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 Order Form)(dmn, )
July 11, 2023 Opinion or Order Filing 59 MOTION for Leave to Appeal in forma pauperis by James Edward Barber. (Hinton, Paula) Modified on 7/11/2023 to correct event; wrong event code selected when originally filed. (dmn, )
July 11, 2023 Opinion or Order Filing 58 NOTICE OF APPEAL by James Edward Barber re #51 Memorandum Opinion and Order entered 7/7/2023. (Hinton, Paula) Modified on 7/11/2023 to create link. (dmn, )
July 11, 2023 Opinion or Order Filing 57 ORDER: Now pending before the Court is the Plaintiff's motion to compel deposition of Defendant Terry Raybon and for expedited briefing. (Doc. #54 ). Upon consideration of the motion, and for good cause, it is ORDERED that the Court's show cause order entered on 7/10/2023, (doc. #56 ) is VACATED. It is further ORDERED that on or before 7/12/2023, at noon, the Defendants shall show cause why the Plaintiff's motion (doc. #54 ) should not be granted. Signed by Chief Judge Emily C. Marks on 7/11/2023. (dmn, )
July 10, 2023 Opinion or Order Filing 56 [VACATED PURSUANT TO COURT #57 ORDER.] ORDER: it is ORDERED that on or before July 12, 2023, at noon, the Defendants shall show cause why the Plaintiffs motion (doc. #44 ) should not be granted. Signed by Chief Judge Emily C. Marks on 7/10/2023. (hrr, ) Modified on 7/11/2023 (dmn, ).
July 10, 2023 Opinion or Order Filing 55 ORDER: Now pending before the Court is the Defendants' motion to dismiss the Plaintiff's complaint. (Doc. #44 ). On 7/9/2023, the Plaintiff filed an amended complaint. (Doc. #52 ). The amended complaint supersedes the original complaint. Accordingly, upon consideration of the motion, and for good cause, it is ORDERED that the motion to dismiss (doc. #44 ) is DENIED as moot. Signed by Chief Judge Emily C. Marks on 7/10/2023. (Furnished: Appeals Clerk) (amf, ) Modified on 7/11/2023 to include additional text re superseding complaint. (dmn, )
July 10, 2023 Opinion or Order Filing 54 MOTION to Compel Deposition of Defendant Terry Raybon & for Expedited Briefing by James Edward Barber. (Attachments: #1 Exhibit A - Pl Request for Production, #2 Exhibit B - Raybon Affidavit, #3 Exhibit C - Notice of Deposition of Raybon, #4 Exhibit D - Email Exchange)(Hinton, Paula)
July 10, 2023 Opinion or Order Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on July 5, 2023, before Judge Chief Judge Emily C. Marks. 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 7/31/2023. Redacted Transcript Deadline set for 8/10/2023. Release of Transcript Restriction set for 10/10/2023. (dmn, )
July 9, 2023 Opinion or Order Filing 52 Amended Inmate 1983 COMPLAINT against All Defendants, filed by James Edward Barber. (Attachments: #1 Exhibit A - 2022-12-22 Ivey Letter to Supreme Court, #2 Exhibit B - 2023 Protocol Execution procedures, #3 Exhibit C - Governor Ivey orders pause on execution, #4 Exhibit D - GKI Letter to Supreme Court, #5 Exhibit E - Hamm Letter to GKI 02-24-2023, #6 Exhibit F - 2.24.23 GKI Letter to AG Marshall, #7 Exhibit G - 2023-05-03 Order Granting Motion to Set Execution Date, #8 Exhibit H - 2022-07-28 Press Release, #9 Exhibit I - 2022-01-27 Ala. AG Marshall Statement on the Execution of Reeves, #10 Exhibit J - 2022-08-05 State's Motion to Set an Execution Date, #11 Exhibit K - 2022-09-09 Opp. State Mot. to Set Execution, #12 Exhibit L - 2022-11-21 State's Withdrawal of Motion, #13 Exhibit M - 2023-02-24 State's Motion to Set an Execution Date, #14 Exhibit N - 2023-03-31 Barber Opposition to State's Motion to Set Date, #15 Exhibit O - 2023-03-31 Barber Motion to Hold State's Motion in Abeyance, #16 Exhibit P - 2023-03-31 Barber Motion to Compel, #17 Exhibit Q - 2023-03-31 Barber Motion to Preserve Evidence of Execution Attempt, #18 Exhibit R - 2023-05-03 Order Denying Barber's Motion to Hold State Mot in Abeyance, #19 Exhibit S - Email exchange Barber and AG Office, #20 Exhibit T Redline, 2021 Protocol and 2023-03-00 Execution procedures, #21 Exhibit U - Redline of Complaint & Amended Complaint, #22 Exhibit V - Joe James, Jr. Autopsy Report, #23 Exhibit W - Miller Affidavit, #24 Exhibit X- Smith Declaration, #25 Exhibit Y - Raybon Declaration, #26 Exhibit Z- Roth Affidavit, #27 Exhibit AA - St. Charles Affidavit)(Hinton, Paula)
July 7, 2023 Opinion or Order Filing 51 MEMORANDUM OPINION AND ORDER: it is ORDERED that Barber's motion for preliminary injunction (doc. #25 ) is DENIED, as further set out in this memorandum opinion and order. Signed by Chief Judge Emily C. Marks on 7/7/2023. (furn: Appeals Clerk) (wcl)
July 6, 2023 Opinion or Order Filing 49 Evidentiary Submission Plaintiff's Post-Hearing Submission filed by James Edward Barber. (Spector, Stephen)
July 6, 2023 Opinion or Order Filing 48 NOTICE of Supplemental Authority by James Edward Barber. (Attachments: #1 Exhibit A - Smith v. Hamm, July 5, 2023 Order)(Spector, Stephen) Modified on 7/6/2023 to clarify text (bes, ).
July 5, 2023 Opinion or Order Filing 50 Minute Entry for proceedings held before Chief Judge Emily C. Marks: Motion Hearing held on 7/5/2023 re #25 MOTION for Preliminary Injunction to Enjoin Defendants from Executing Plaintiff by Lethal Injection filed by James Edward Barber (PDF available for court use only). (Court Reporter Patricia Starkie, 334-322-8053, Patricia_Starkie@almd.uscourts.gov.) (Attachments: #1 Witness List, #2 Plaintiff's Exh List, #3 PX-37, #4 PX-38, #5 PX-39, #6 PX-40, #7 PX-41, #8 PX-43, #9 PX-44, #10 PX-45, #11 PX-46, #12 PX-47, #13 PX-48, #14 PX-49, #15 PX-50, #16 PX-54, #17 PX-55, #18 PX-56, #19 PX-57, #20 PX-58, #21 PX-59, #22 PX-60, #23 PX-61, #24 PX-62, #25 PX-63, #26 Defendant's Exhibit List, #27 DX-1) (cs, )
July 4, 2023 Opinion or Order Filing 47 RESPONSE to Motion re #44 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 James Edward Barber. (Spector, Stephen)
July 3, 2023 Opinion or Order Filing 46 Received Initial Partial Filing fee: $ 35.00, receipt number 2593 (cwl, )
June 30, 2023 Opinion or Order Filing 45 MOTION to Compel Production of Document and Interrogatories by James Edward Barber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Batdorf-Barnes, Christopher)
June 30, 2023 Opinion or Order Filing 44 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 Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon. (Attachments: #1 Letter from Gov. Ivey setting execution date)(Anderson, Richard)
June 29, 2023 Opinion or Order Filing 43 ORDER: Now pending before the Court is the Plaintiff's motion to testify and attend the hearing on the motion for preliminary injunction virtually filed on 6/27/2023. (Doc. #39 ). The Defendants do not oppose this motion. (Doc. #42 ). Upon consideration of the motion, and for good cause, it is ORDERED that the motion to allow virtual testimony and attendance (doc. #39 ) is GRANTED to the extent that the Plaintiff is permitted to attend and testify by video conference at the hearing on the motion for preliminary injunction set on 7/5/2023. By permitting the witness to testify by video conference, the Court is not ruling on the relevance or admissibility of the witness' testimony. Counsel for the parties are DIRECTED to coordinate with the undersigned's courtroom deputy, Cindy Sanders, at least two hours prior to the hearing to ensure the necessary equipment is in place and operable. Signed by Chief Judge Emily C. Marks on 6/29/2023. Furnished Calendar, CS, VIDEO CONF. (dmn, )
June 29, 2023 Opinion or Order Filing 42 Response to #40 Order (Defendants' Response to Plaintiff's #39 Motion for Remote Attendance and Testimony) filed by John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon. (Anderson, Richard) Modified on 6/29/2023 to clean up text and create link. (dmn, )
June 29, 2023 Opinion or Order Filing 41 NOTICE of Appearance by Lauren Ashley Simpson on behalf of John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon (Simpson, Lauren)
June 28, 2023 Opinion or Order Filing 40 ORDER: Now pending before the Court is the Plaintiff's Motion for remote attendance and testimony at July 5 hearing (doc. #39 ) filed on 6/27/2023. Upon consideration of the motion, and for good cause, it is ORDERED that the Defendants shall file a response to the motion not later than noon on 6/29/2023. Signed by Chief Judge Emily C. Marks on 6/28/2023. (dmn, )
June 27, 2023 Opinion or Order Filing 39 MOTION for Remote Attendance and Testimony at July 5 Hearing by James Edward Barber. (Attachments: #1 Text of Proposed Order)(Spector, Stephen) Modified on 6/28/2023 to clean up text. (dmn, )
June 27, 2023 Opinion or Order Filing 38 REPLY IN SUPPORT of #25 MOTION for Preliminary Injunction to Enjoin Defendants from Executing James Barber via Lethal Injection filed by James Edward Barber. (Attachments: #1 Exhibit E, Interrogatory Responses, #2 Exhibit F, June 26, 2023 Email, #3 Exhibit G, Sept. 23, 2022 Hrg Trans, #4 Exhibit H, Roth Affidavit with Exhibit A, Infusion Therapy Standards of Practice, #5 Exhibit I, Dec. 6, 2022 Letter, #6 Exhibit J, Feb. 23, 2023 Letter, #7 Exhibit K, March 7, 2023 Letter, #8 Exhibit L, Dec. 31, 2022 Letter, #9 Exhibit M, Feb. 6, 2023 Email)(Hinton, Paula) Modified on 6/28/2023 to clean up text. (dmn, )
June 26, 2023 Opinion or Order NOTICE of Docket Text Correction re #26 Order. The referenced docket entry has been modified as follows: 1. The Defendants shall file a response to the motion as soon as practical but not later than noon on June 20, 2023. Date corrected in docket text from June 25, 2023 to June 20, 2023 due to typographical error when docketed. Date was reflected correctly in order pdf, error in docket text only.(dmn, ) (no pdf)
June 23, 2023 Opinion or Order Filing 37 NOTICE of Appearance by Christopher D. Batdorf-Barnes on behalf of James Edward Barber (Batdorf-Barnes, Christopher)
June 20, 2023 Opinion or Order Filing 36 ORDER: Now pending before the Court is the motion to appear pro hac vice (doc. #34 ) filed by Attorney Christopher D. Batdorf-Barnes. Upon consideration of the motion, and for good cause, it is ORDERED that the motion to appear pro hac vice (doc. #34 ) is GRANTED and Attorney Christopher D. Batdorf-Barnes is ADMITTED to appear before this Court pro hac vice to represent the Plaintiff in this action. Counsel shall file a notice of appearance with the Court on or before 6/27/2023.. Signed by Chief Judge Emily C. Marks on 6/20/2023. (dmn, )
June 20, 2023 Opinion or Order Filing 35 RESPONSE in Opposition re #25 MOTION for Preliminary Injunction to Enjoin Defendants from Executing Plaintiff by Lethal Injection filed by John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon. (Attachments: #1 Attachment A, Affidavit of Dr. Boris Datnow, MD FCAP (with Exhibits A-C) (Anderson, Richard) Modified on 6/27/2023 to include exhibit description. (dmn, ) (Attachment 1 replaced on 6/27/2023 due to affidavit included twice in original pdf.) (dmn, ). Modified on 6/27/2023 (dmn, ).
June 16, 2023 Opinion or Order ***Attorney Christopher D. Batdorf-Barnes added for James Edward Barber. (dmn, ) (no pdf, see Doc. #34 )
June 16, 2023 Opinion or Order Filing 34 Motion for CHRISTOPHER D. BATDORF-BARNES to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3453021.) by James Edward Barber. (Hinton, Paula) Modified on 6/20/2023 to include name of attorney requesting appearance. (dmn, )
June 14, 2023 Opinion or Order Filing 33 NOTICE of Appearance by Jeffrey T. Green on behalf of James Edward Barber (Green, Jeffrey)
June 14, 2023 Opinion or Order Filing 32 NOTICE of Appearance by Joshua J. Fougere on behalf of James Edward Barber (Fougere, Joshua)
June 13, 2023 Opinion or Order Filing 31 SUMMONS Returned Executed by James Edward Barber. Steve Marshall served on 6/9/2023, answer due 6/30/2023. (Huggins, Kelly)
June 13, 2023 Opinion or Order Filing 30 SUMMONS Returned Executed by James Edward Barber. John Q. Hamm served on 6/9/2023, answer due 6/30/2023. (Huggins, Kelly)
June 13, 2023 Opinion or Order Filing 29 SUMMONS Returned Executed by James Edward Barber. Kay Ivey served on 6/9/2023, answer due 6/30/2023. (Huggins, Kelly)
June 9, 2023 Opinion or Order Filing 28 ORDER: Now pending before the Court is the motion to appear pro hac vice (doc. #23 ) filed by Attorney Jeffrey T. Green, Upon consideration of the motion, and for good cause, it is ORDERED that the motion to appear pro hac vice (doc. #23 ) is GRANTED and Attorney Jeffrey T. Green is ADMITTED to appear before this Court pro hac vice to represent the Plaintiff in this action. Counsel shall file a notice of appearance with the Court on or before 6/16/2023. Signed by Chief Judge Emily C. Marks on 6/9/2023. (dmn, )
June 9, 2023 Opinion or Order Filing 27 ORDER: it is ORDERED that the motions for leave to appear pro hac vice (doc. #20 and #21 ) are GRANTED, and Attorneys Brunner and Fougere are ADMITTED to appear before this Court pro hac vice to represent the Plaintiff in this action. Counsel shall file a notice of appearance with the Court. Signed by Chief Judge Emily C. Marks on 6/9/2023. (hrr, )
June 6, 2023 Opinion or Order Filing 26 ORDER: Now pending before the Court is the Plaintiff's Motion for Preliminary Injunction (doc. #25 ) filed on 6/5/2023. Upon consideration of the motion, and for good cause, it is ORDERED as follows: 1. The Defendants shall file a response to the motion as soon as practical but not later than noon on June 20, 2023. 2. The Plaintiff may file a reply to the Defendants' response as soon as practical but not later than on or before noon on 6/27/2023. 3. An evidentiary hearing on the motion for preliminary injunction and oral argument on all motions pending at the time of the hearing is set for 1:00 p.m. CDT on 7/5/2023 in CR 2A in Montgomery, AL before Chief Judge Emily C. Marks. The Clerk of the Court is DIRECTED to provide a court reporter for this proceeding. Signed by Chief Judge Emily C. Marks on 6/6/2023. Furnished calendar, CS. (dmn, ) Modified on 6/26/2023 to correct June 25, 2023 to June 20, 2023 due to typographical error when docketed. (dmn, )
June 5, 2023 Opinion or Order Filing 25 MOTION for Preliminary Injunction to Enjoin Defendants from Executing Plaintiff by Lethal Injection by James Edward Barber. (Attachments: #1 Exhibit A - Yong Declaration, #2 Exhibit B - St. Charles Declaration, #3 Exhibit C - Pigott Declaration, #4 Exhibit D - Hearing Transcript)(Hinton, Paula)
June 5, 2023 Opinion or Order Filing 24 Summons Issued as to John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (dmn, )
June 5, 2023 Opinion or Order Filing 23 Motion for JEFFREY T. GREEN to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3446077.) by James Edward Barber. (Hinton, Paula) Modified on 6/6/2023 to include name of attorney requesting appearance. (dmn, )
June 5, 2023 Opinion or Order Filing 22 ORDER: Upon consideration of Plaintiff's Motion to Proceed In Forma Pauperis (doc. #2 ), it is ORDERED that the motion (doc. #2 ) is GRANTED except to the extent payment of the filing fee is required by this Order under 28 U.S.C. 1915(b)(1) and (2), as further set out in the order. Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full. To aid Plaintiff and those persons having custody of Plaintiff in complying with this Order, the Clerk is DIRECTED to furnish a copy of this Order to the inmate account clerk at the facility where Plaintiff is incarcerated. Copies mailed to plaintiff and account clerk at Holman CF. Signed by Chief Judge Emily C. Marks on 6/5/2023. (dmn, ) Modified on 6/5/2023 to include Furnished to Cashier. (dmn, )
June 2, 2023 Opinion or Order Filing 21 Motion for JOSHUA J. FOUGERE to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3445374.) by James Edward Barber. (Hinton, Paula) Modified on 6/5/2023 to include name of attorney requesting appearance. (dmn, )
June 2, 2023 Opinion or Order Filing 20 Motion for BENJAMIN R. BRUNNER to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3445366.) by James Edward Barber. (Hinton, Paula) Modified on 6/5/2023 to include name of attorney requesting appearance. (dmn, )
June 2, 2023 Opinion or Order Filing 19 NOTICE of Appearance by Richard Dearman Anderson on behalf of John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon (Anderson, Richard)
June 2, 2023 Opinion or Order Filing 18 NOTICE of Appearance by Henry Mitchell Johnson on behalf of John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon (Johnson, Henry)
June 2, 2023 Opinion or Order ***PURSUANT TO THE #18 AMENDED NOTICE OF APPEARANCE - Attorney Henry Mitchell Johnson for John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon added. (No PDF attached to this entry) (bes, )
June 1, 2023 Opinion or Order Filing 17 NOTICE of Appearance by Stephen Spector on behalf of James Edward Barber (Spector, Stephen)
June 1, 2023 Opinion or Order Filing 16 NOTICE of Appearance by Mara Klebaner on behalf of James Edward Barber (Klebaner, Mara)
June 1, 2023 Opinion or Order Filing 15 NOTICE of Appearance by Kelly J. Huggins on behalf of James Edward Barber (Huggins, Kelly)
June 1, 2023 Opinion or Order Filing 14 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice for Attorney Mara E. Klebaner; Counsel shall file a notice of appearance with the Court on or before 6/8/2023. Signed by Chief Judge Emily C. Marks on 6/1/2023. (bes, )
June 1, 2023 Opinion or Order Filing 13 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice for Attorney Stephen Spector; Counsel shall file a notice of appearance with the Court on or before 6/8/2023. Signed by Chief Judge Emily C. Marks on 6/1/2023. (bes, )
June 1, 2023 Opinion or Order Filing 12 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice for Attorney Kelly J. Huggins; Counsel shall file a notice of appearance with the Court on or before 6/8/2023. Signed by Chief Judge Emily C. Marks on 6/1/2023. (bes, )
May 31, 2023 Opinion or Order Filing 11 NOTICE of Setting Execution Date by Steve Marshall (Attachments: #1 A- Governor's letter)(Johnson, Henry) Modified on 6/1/2023 to clarify text (bes, ). Modified on 6/1/2023 to reflect that NEF has been regenerated to 11th Circuit and Appeals Clerk (bes, ).
May 30, 2023 Opinion or Order Filing 10 NOTICE of ERROR re #8 Notice of Appearance. The notice of appearance is hereby STRICKEN as an erroneous docket entry. Counsel informed the Clerk of Court that the notice was filed in error. Parties are instructed to disregard docket entry #8 . (dmn, )
May 30, 2023 Opinion or Order Filing 9 NOTICE of Appearance by Henry Mitchell Johnson on behalf of Steve Marshall (Johnson, Henry)
May 30, 2023 Opinion or Order Filing 8 [STRICKEN FILED IN ERROR PER COUNSEL.] NOTICE of Appearance by Henry Mitchell Johnson on behalf of John Doe 1, John Doe 2, John Doe 3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon (Johnson, Henry) Modified on 5/30/2023 (dmn, ).
May 30, 2023 Opinion or Order *** Attorney Henry Mitchell Johnson terminated as counsel for Defendants. #8 Notice of Appearance stricken, filed in error per counsel. (dmn, ) (no pdf)
May 26, 2023 Opinion or Order Filing 7 Motion for STEPHEN SPECTOR to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3441988.) by James Edward Barber. (Spector, Stephen) Modified on 5/26/2023 to include name of attorney requesting appearance. (dmn, )
May 26, 2023 Opinion or Order Filing 6 Case Assigned to Chief Judge Emily C. Marks. (dmn, )
May 26, 2023 Opinion or Order Filing 5 Motion for MARA E. KLEBANER to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3441979.) by James Edward Barber. (Klebaner, Mara) Modified on 5/26/2023 to include name of attorney requesting appearance. (dmn, )
May 26, 2023 Opinion or Order Filing 4 Motion for KELLY J. HUGGINS to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3441972.) by James Edward Barber. (Huggins, Kelly) Modified on 5/26/2023 to include attorney name requesting appearance. (dmn, )
May 25, 2023 Opinion or Order Inmate 1983 COMPLAINT against Kay Ivey, John Q. Hamm, Steve Marshall, Terry Raybon, John Doe 1, John Doe 2, John Doe 3, filed by James Edward Barber.(dmn, ) (no pdf, see Doc. #1 ; wrong event selected when originally filed)
May 25, 2023 Opinion or Order Filing 3 Corporate/Conflict Disclosure Statement by James Edward Barber. (Hinton, Paula)
May 25, 2023 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by James Edward Barber. (Hinton, Paula) Modified on 5/26/2023 to correct motion event to application to proceed due to wrong event selected when originally filed. (dmn, )
May 25, 2023 Opinion or Order Filing 1 [WRONG EVENT SELECTED, SEE CORRECTED DOCKET ENTRY.] COMPLAINT against John Does 1-3, John Q. Hamm, Kay Ivey, Steve Marshall, Terry Raybon, filed by James Edward Barber. 90 day Rule 4m deadline set for 8/23/2023. (Attachments: #1 Exhibit A - 2022-12-22 Ivey Letter to Supreme Court with enclosures, #2 Exhibit B - 2023 Protocol Execution procedures, #3 Exhibit C - Governor Ivey orders pause on execution, #4 Exhibit D - GKI Letter to Supreme Court, #5 Exhibit E - Hamm Letter to GKI 02-24-2023, #6 Exhibit F - 2.24.23 GKI Letter to AG Marshall, #7 Exhibit G - 2023-05-03 Order Granting Motion to Set Execution Date, #8 Exhibit H - 2022-07-28 Press Release, #9 Exhibit I - 2022-01-27 Alabama AG Steve Marshall Statement on the Execution of Murderer Matthew Reeves, #10 Exhibit J - 2022-08-05 State's Motion to Set an Execution Date, #11 Exhibit K - 2022-09-09 Opp. State Mot. to Set Execution & Mot to Preserve Evid of Execution Process, #12 Exhibit L - 2022-11-21 State's Withdrawal of Motion, #13 Exhibit M - 2023-02-24 State's Motion to Set an Execution Date, #14 Exhibit N - 2023-03-31 Barber Opposition to State's Motion to Set Date, #15 Exhibit O - 2023-03-31 Barber Motion to Hold State's Motion in Abeyance, #16 Exhibit P - 2023-03-31 Barber Motion to Compel, #17 Exhibit Q - 2023-03-31 Barber Motion to Preserve Evidence of Execution Attempt, #18 Exhibit R - 2023-05-03 Order Denying Barber's Motion to Hold State Mot in Abeyance, #19 Exhibit S - Email exchange Barber and AG Office, #20 Exhibit T - Change-Pro Redline - 2021 Protocol and 2023-03-00 Execution procedures, #21 Civil Cover Sheet, #22 Proposed Summons John Q. Hamm, #23 Proposed Summons Kay Ivey, #24 Proposed Summons Steve Marshall, #25 Proposed Summons Terry Raybon)(Hinton, Paula) Modified on 5/26/2023. (dmn, )

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Search for this case: Barber v. Ivey et al (DEATH PENALTY)
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Plaintiff: James Edward Barber
Represented By: Paula Weems Hinton
Represented By: Benjamin Brunner
Represented By: Christopher D. Batdorf-Barnes
Represented By: Jeffrey T. Green
Represented By: Joshua J. Fougere
Represented By: Kelly J. Huggins
Represented By: Mara Klebaner
Represented By: Stephen Spector
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Defendant: Kay Ivey
Represented By: Henry Mitchell Johnson
Represented By: Lauren Ashley Simpson
Represented By: Richard Dearman Anderson
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Defendant: John Q. Hamm
Represented By: Henry Mitchell Johnson
Represented By: Lauren Ashley Simpson
Represented By: Richard Dearman Anderson
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Defendant: Terry Raybon
Represented By: Henry Mitchell Johnson
Represented By: Richard Dearman Anderson
Represented By: Lauren Ashley Simpson
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Defendant: Steve Marshall
Represented By: Henry Mitchell Johnson
Represented By: Lauren Ashley Simpson
Represented By: Richard Dearman Anderson
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Defendant: John Does 1-3
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Defendant: John Doe 1
Represented By: Henry Mitchell Johnson
Represented By: Lauren Ashley Simpson
Represented By: Richard Dearman Anderson
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Defendant: John Doe 2
Represented By: Lauren Ashley Simpson
Represented By: Henry Mitchell Johnson
Represented By: Richard Dearman Anderson
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Defendant: John Doe 3
Represented By: Richard Dearman Anderson
Represented By: Henry Mitchell Johnson
Represented By: Lauren Ashley Simpson
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