Grayson v. Hamm et al(DEATH PENALTY)
| Carey Dale Grayson |
| Kay Ivey, Steven T. Marshall, Terry Raybon and John Q. Hamm |
| 2:2024cv00376 |
| June 28, 2024 |
| US District Court for the Middle District of Alabama |
| R Austin Huffaker |
| Kelly F Pate |
| 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 November 6, 2024. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE of Appearance by Polly Spencer Kenny on behalf of John Q. Hamm, Kay Ivey, Steven T. Marshall, Terry Raybon (Kenny, Polly)
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Filing 35
ORDER: it is ORDERED as follows: 1.) On or before Tuesday, 8/27/2024, Dfts shall respond to Plf's #28 Motion for Leave to File Amended Complaint; Plf may reply on or before Thursday at Noon, 8/29/2024; 2.) On or before Monday, 9/16/2024, Dfts shall respond to Plf's #30 Motion for Preliminary Injunction; Plf may reply on or before Wednesday, 9/25/2024; 3.) If Plf intends to seek the recusal of the Attorney General's Office, Plf shall file a motion to recuse on or before Wednesday, 8/28/2024, with citations to legal authority that supports their request; If filed, Dfts shall respond on or before Wednesday, 9/4/2024; 4.) A hearing on Plf's #30 Motion for Preliminary Injunction is SET for Tuesday, 10/8/2024, at 9:00 AM CT in Courtroom 2D; The Clerk is DIRECTED to provide a court reporter for this proceeding. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/23/2024. (BES)
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Filing 34
ORDER: it is ORDERED that Plf's #22 -1 Application to Proceed in District Court Without Prepaying Fees or Costs is GRANTED. Signed by Magistrate Judge Kelly F. Pate on 8/23/2024. (BES)
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Filing 33
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 8/23/2024 (PDF available for court use only). (Court Reporter Dee Coker, 334.799.1573, dee_coker@almd.uscourts.gov.) (WW)
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Filing 32
Response to Order re 29 Order, filed by Carey Dale Grayson. (Palombi, John)
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Filing 31
TEXT ORDER: A telephonic status conference is SET for 8/23/2024 at 11:30 a.m. (CT). The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/21/2024. (BES)
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Filing 30
MOTION for Preliminary Injunction by Carey Dale Grayson. (Attachments: #1 Exhibit A - AG Marshall Press Conference, #2 Exhibit B - Grayson Opt-In Form, #3 Exhibit C - State's Motion to Set Execution Date, #4 Exhibit D - State's Motion to Set Execution Date, #5 Exhibit E - ASC Order Granting Motion for Execution, #6 Exhibit F - Acknowledgment of Spiritual Advisor, #7 Exhibit G - Oral Argument Excerpt, #8 Exhibit H - Stewart Riley Excerpt, #9 Exhibit I - Dr. McAlary Affidavit, #10 Exhibit I-A - Dr. McAlary CV, #11 Exhibit I-B - Records Relied Upon by Dr. McAlary, #12 Exhibit I-C - ADOC Execution Protocol, #13 Exhibit I-D - Autopsy Report of Kenneth Smith, #14 Exhibit J - Governor Ivey's Letter) (Palombi, John)
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Filing 29
TEXT ORDER: Pending before the Court is Plaintiff's Motion for Leave to File Amended Complaint (Doc. #28 ). For good cause, it is ORDERED that Plaintiff shall supplement his motion with a statement setting forth whether the motion is opposed or unopposed. Plaintiff shall file such supplement on or before 5:00 p.m. (CT) on 8/22/2024. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/20/2024. (BES)
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Filing 28
MOTION for Leave to File Amended Complaint by Carey Dale Grayson. (Attachments: #1 Exhibit A - Amended Complaint) (Palombi, John)
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Filing 27
REPLY to Response to Motion re #25 MOTION for Leave to File A Sur-Reply In Opposition to Defendants' Motion to Dismiss filed by Carey Dale Grayson. (Attachments: #1 Exhibit A - Order Granting Stay, #2 Exhibit B - Emergency Motion to Vacate Execution Date, #3 Exhibit C - State's Opposition, #4 Exhibit D - ASC Order of Execution, #5 Exhibit E - ASC Order of Execution) (Hahn, Spencer)
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Filing 26
TEXT ORDER: For good cause, it is ORDERED that Plaintiff's Motion for Leave to File Sur Reply (Doc. #25 ) is GRANTED. Plaintiff shall separately file his sur-reply on or before Noon, August 16, 2024. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/15/2024. (no pdf) (CWL)
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Filing 25
MOTION for Leave to File A Sur-Reply In Opposition to Defendants' Motion to Dismiss by Carey Dale Grayson. (Attachments: #1 Exhibit A - Sur-Reply) (Hahn, Spencer)
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Filing 24
ORDER granting #1 -1 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; directing payment of initial partial filing fee of $79.90 be paid on or before September 16, 2024; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at Holman Correctional Facility. Signed by Magistrate Judge Kelly F. Pate on 8/14/2024. (CWL)
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Filing 23
RESPONSE in Support re #19 MOTION to Dismiss & Brief in Support filed by John Q. Hamm, Kay Ivey, Steven T. Marshall, Terry Raybon. (Attachments: #1 Exhibit A) (Hughes, Beth)
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Application to Proceed Without Prepayment of Fees and Affidavit by Carey Dale Grayson. (no PDF attached to this entry - see doc #22 -1 for PDF) (BES)
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Filing 22
NOTICE of Filing by Carey Dale Grayson re #1 Inmate 1983 Complaint, (Attachments: #1 Exhibit A - Application to Proceed) (Palombi, John) Modified event and judge associate on 8/8/2024 (LAB).
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Filing 21
NOTICE of Appearance by Robert M. Overing on behalf of All Defendants (Overing, Robert)
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Filing 20
RESPONSE to #19 MOTION to Dismiss filed by Carey Dale Grayson. (Palombi, John) Modified on 8/6/2024 to clarify text (BES).
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Filing 19
MOTION to Dismiss by John Q. Hamm, Kay Ivey, Steven T. Marshall, Terry Raybon. (Attachments: #1 Exhibit A) (Hughes, Beth) Modified on 7/23/2024 to clarify text (BES).
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BRIEF in Support re #19 MOTION to Dismiss filed by John Q. Hamm, Kay Ivey, Steven T. Marshall, Terry Raybon. (no PDF attached to this entry - see doc #19 for PDF) (BES)
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Filing 18
ORDER: it is ORDERED that Dft Alabama Department of Corrections is DISMISSED without prejudice, pursuant to FRCP 41(a)(1)(A)(i), and its #15 motion to dismiss is DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/22/2024. (BES)
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Filing 17
NOTICE of Voluntary Dismissal of Alabama Department of Corrections by Carey Dale Grayson (Palombi, John) Modified on 7/22/2024 to clarify text (BES).
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Filing 16
BRIEFING ORDER setting out further briefing requirements, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/16/2024. (BES)
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Filing 15
MOTION to Dismiss 11th Amendment Immunity by Alabama Department of Corrections. (Houts, James)
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Filing 14
ORDER: the Clerk is DIRECTED to assign a US Magistrate Judge to this case, and it is ORDERED that, pursuant to 28 USC 636, Plf's #1 -1 Motion to Proceed In Forma Pauperis is REFERRED to the US Magistrate Judge. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/9/2024. (BES)
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Case assigned to Magistrate Judge Kelly F. Pate as referral judge. (BES)
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Filing 13
SUMMONS Returned Executed by Carey Dale Grayson. Terry Raybon served on 7/2/2024, answer due 7/23/2024. (Palombi, John)
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Filing 12
SUMMONS Returned Executed by Carey Dale Grayson. Kay Ivey served on 7/2/2023, answer due 7/23/2023. (Palombi, John)
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Filing 11
SUMMONS Returned Executed by Carey Dale Grayson. John Q. Hamm served on 7/2/2024, answer due 7/23/2024. (Palombi, John)
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Filing 10
SUMMONS Returned Executed by Carey Dale Grayson. Steven T. Marshall served on 7/2/2024, answer due 7/23/2024. (Palombi, John)
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Filing 9
Summons Issued as to Steven T. Marshall.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (BES)
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Filing 8
Proposed Summons as to Steven T. Marshall (Palombi, John)
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Filing 7
Summons Issued as to Terry Raybon.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (HRR)
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Filing 6
Summons Issued as to Kay Ivey.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (HRR)
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Filing 5
Summons Issued as to John Q. Hamm.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (HRR)
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Filing 4
Proposed Summons (HRR)
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Filing 3
NOTICE to Counsel re Service Material. (BES)
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Filing 2
Case assigned to Honorable Judge R. Austin Huffaker, Jr. as Presiding Judge. (BES)
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Filing 1
Inmate 1983 COMPLAINT against Alabama Department of Corrections, John Q. Hamm, Kay Ivey, Steven T. Marshall, Terry Raybon, filed by Carey Dale Grayson. (Attachments: #1 (Motion to Proceed In Forma Pauperis, #2 Civil Cover Sheet) (Palombi, John) Modified on 7/1/2024 to list named dfts (BES). Modified Attachment 1 to private, contains Prisoner Trust Fund Account on 8/8/2024 (LAB).
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Prisoner Trust Fund Account Statement by Carey Dale Grayson. (No PDF attached to this entry - see doc #1 -1 at page 4 for PDF) (BES)
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Application to Proceed Without Prepayment of Fees and Affidavit by Carey Dale Grayson. (No PDF attached to this entry - see doc #1 -1 for PDF) (BES)
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