Sigmon et al v. Stirling et al
| Brad Keith Sigmon and Freddie E Owens |
| South Carolina Department of Corrections and Bryan P. Stirling |
| Henry McMaster |
| 3:2021cv01651 |
| June 3, 2021 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.
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Filing 37
USCA MANDATE and Order as to #28 Notice of Appeal filed by Freddie E Owens and Brad Keith Sigmon. [21-7] (Attachments: #1 Order)(hcic, )
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Filing 36
USCA MANDATE and Order as to #28 Notice of Appeal filed by Brad Keith Sigmon and Freddie E Owens. [21-6] (Attachments: #1 Order)(hcic, )
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Filing 34
NOTICE of Voluntary Dismissal by Freddie E Owens, Brad Keith Sigmon Without Prejudice (Kendrick, Joshua)
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Filing 33
ORDER of USCA as to #28 Notice of Appeal. ORDER filed appointing Gerald Wesley King Jr. for Freddie Owens in 21-7. (hcic, )
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Filing 32
ORDER of USCA as to #28 Notice of Appeal. ORDER filed appointing Gerald Wesley King Jr. and Joshua Snow Kendrick for Brad Keith Sigmon in 21-6. Nunc pro Tunc Date: 06/14/2021. (hcic, )
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Filing 29
Transmittal Sheet for Notice of Appeal to USCA re #28 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (hcic, )
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Filing 28
NOTICE OF APPEAL as to #26 Order on Motion for TRO,, Order on Motion for Preliminary Injunction by Freddie E Owens, Brad Keith Sigmon. - The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Kendrick, Joshua)
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Filing 27
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. TRO Preliminary Injunction held on June 9, 2021, before Judge R. Bryan Harwell. Court Reporter/Transcriber Robin L. Herrera, RMR, CRR, CRC, Telephone number/E-mail robin_herrera@scd.uscourts.gov. 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. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/14/2021. Release of Transcript Restriction set for 9/13/2021. (rher, )
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Filing 26
ORDER denying Plaintiffs' #5 #14 Motions for Temporary Restraining Order and Preliminary Injunction. Signed by Chief Judge R Bryan Harwell on 6/11/2021.(tmcb, )
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Filing 25
Minute Entry. Proceedings held before Chief Judge R Bryan Harwell: Motion Hearing held on 6/9/2021. Gerald King, Joshua Kendrick, and Megan Barnes present for plaintiffs. Daniel Plyler and Austin Reed present for defendants Stirling and SCDC; William Lambert present for defendant McMaster. Motions #5 and #14 for Temporary Restraining Order and Preliminary Injunction taken under advisement. Court Reporter: Robin Herrera. (hcic, )
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Filing 24
TEXT ORDER granting Governor Henry McMaster's #17 motion to intervene as a defendant in this case. Plaintiffs take no position on McMaster's motion and Defendants support the motion. In the absence of any objection, and pursuant to Rule 24(b)(1)(B) of the Federal Rules of Civil Procedure, Governor Henry McMaster's #17 motion to intervene as a defendant is GRANTED. Signed by Chief Judge R Bryan Harwell on 6/8/2021.(tmcb, )
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Filing 23
RESPONSE to Motion re #17 MOTION to Intervene Response filed by Freddie E Owens, Brad Keith Sigmon.Reply to Response to Motion due by 6/15/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kendrick, Joshua)
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Filing 22
RESPONSE in Support re #17 MOTION to Intervene Response filed by South Carolina Department of Corrections, Bryan P. Stirling. (Plyler, Daniel)
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Filing 21
NOTICE of Appearance by Daniel C Plyler on behalf of South Carolina Department of Corrections, Bryan P. Stirling (Plyler, Daniel)
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Filing 20
TEXT ORDER re #17 MOTION to Intervene filed by Henry McMaster. Any response in opposition or support to Motion #17 should be filed by 4:00 PM today, 6/8/2021. Signed by Chief Judge R Bryan Harwell on 6/8/2021. (hcic, )
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Filing 19
Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Lambert, William)
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Filing 18
NOTICE of Appearance by William Grayson Lambert on behalf of Henry McMaster (Lambert, William)
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Filing 17
MOTION to Intervene by Henry McMaster. Response to Motion due by 6/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Limehouse, Thomas)
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Filing 16
NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry McMaster (Limehouse, Thomas)
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Filing 15
RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order Response filed by South Carolina Department of Corrections, Bryan P. Stirling.Reply to Response to Motion due by 6/15/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lambert, William)
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Filing 14
MOTION for Temporary Restraining Order and Preliminary Injunction by Freddie E Owens. (hcic, )
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Filing 13
COMPLAINT against South Carolina Department of Corrections, Bryan P. Stirling, filed by Freddie E Owens. (hcic, )
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Filing 12
TEXT ORDER granting Freddie Eugene Owens's #8 motion to intervene as a plaintiff in this case. Defendants have not filed a response in opposition. Furthermore, Mr. Owens's claim, as set forth in the proposed complaint [8-5], shares common questions of law and fact with Plaintiff Sigmon's claim. Accordingly, pursuant to Rule 24(b)(1)(B) of the Federal Rules of Civil Procedure, Freddie Eugene Owens's #8 motion to intervene as a plaintiff is GRANTED. The Clerk of Court is directed to docket Mr. Owens's complaint and motion for temporary restraining order/preliminary injunction. Mr. Owens's motion for temporary restraining order/preliminary injunction will be heard on June 9, 2021, at 9:30 a.m. Counsel for Mr. Owens shall file any additional materials by today at 3:00 p.m. - June 8, 2021. Defendants shall file a response (including any affidavits or other materials) to Mr. Owens's motion for temporary restraining order/preliminary injunction no later than 9:00 a.m., Wednesday, June 9, 2021. Signed by Chief Judge R Bryan Harwell on 6/8/2021.(tmcb, )
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Filing 11
TEXT ORDER granting #9 Motion to Appear Pro Hac Vice for Gerald W. King, Jr. Signed by Chief Judge R Bryan Harwell on 6/7/2021.(hcic, )
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Filing 10
TEXT ORDER re #8 MOTION to Intervene of Freddie Eugene Owens. Defendants to file response to Motion #8 by 5:00 PM today, 6/7/2021. Signed by Chief Judge R Bryan Harwell on 6/7/2021. (hcic, )
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Filing 9
MOTION to Appear Pro Hac Vice by Gerald W. King, Jr. by Brad Keith Sigmon. Response to Motion due by 6/21/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Form motion for PHV admission, #2 Prior application form)No proposed order.(Kendrick, Joshua)
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Filing 8
MOTION to Intervene of Freddie Eugene Owens by Brad Sigmon. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Selection Papers, #2 Exhibit Order Staying Execution, #3 Exhibit Execution Order, #4 Exhibit Affidavit of Bryan Stirling)No proposed order. (Paavola, Emily) Modified to edit text 6/7/2021 (hcic, ). (Additional attachment(s) added on 6/7/2021: #5 Proposed Complaint by Freddie E. Owens, #6 Motion for Temporary Restraining Order and Preliminary Injuction by Freddie E. Owens) (hcic, ).
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Filing 7
NOTICE of Hearing on Motion #5 MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 6/9/2021 at 9:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Chief Judge R Bryan Harwell. (hcic, ) Modified on 6/4/2021 to edit text (hcic, ).
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Filing 6
TEXT ORDER: Defendants shall file a response (including any affidavits or other materials) to Plaintiff's #5 motion for temporary restraining order/preliminary injunction no later than 12:00 p.m., Tuesday, June 8, 2021. A hearing on Plaintiff's #5 motion for temporary restraining order/preliminary injunction will be held on Wednesday, June 9, 2021 at 9:30 a.m. Signed by Chief Judge R Bryan Harwell on 6/3/2021. (tmcb, )
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Filing 5
MOTION for Temporary Restraining Order and Preliminary Injunction by Brad Keith Sigmon. Response to Motion due by 6/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (hcic, )
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Filing 4
Summons Issued as to South Carolina Department of Corrections, Bryan P. Stirling. (hcic, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Brad Keith Sigmon.(hcic, )
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Filing 1
COMPLAINT against South Carolina Department of Corrections, Bryan P. Stirling, filed by Brad Keith Sigmon. (Attachments: #1 Wikswo Affidavit, #2 Arden Affidavit, #3 SCDC Electrocution letter, #4 Letters to T.O. Boozer, #5 SC 2002 Execution Protocol, #6 Electric Chair Operations, FOIA response, #7 2019 Addendum to Federal Execution Protocol)(hcic, )
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