Miller et al v. Parker et al
| Stephen Michael West, Nicholas Todd Sutton, David Earl Miller and Larry McKay |
| Tony Mays and Tony Parker |
| 3:2018cv00781 |
| August 21, 2018 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.
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Filing 23
MEMORANDUM AND ORDER: Defendants' Motion to Stay Proceedings (Doc. No. #16 ) is GRANTED, and this case is STAYED pending further Order of the Court. To ensure the timely resolution of this matter, the parties MUST submit a joint status report 15 days from the date of entry of this Order and every 15 days thereafter, advising the Court of all developments in the parallel litigation, and MUST notify the Court within 5 days of the final disposition of the parallel litigation. Signed by District Judge William L. Campbell, Jr on 10/12/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 22 NOTICE by Tony Mays, Tony Parker of Correction (Sutherland, Scott) |
| Filing 21 REPLY to Response to Motion re #16 MOTION to Stay Proceedings Based on Colorado River Abstention Doctrine and Memorandum of Law in Support re Docket Entry No. 18 filed by Tony Mays, Tony Parker. (Sutherland, Scott) |
| Filing 20 NOTICE by David Earl Miller, Nicholas Todd Sutton, Stephen Michael West of Mootness (Attachments: #1 Attachment A: Opinion in Abdur'Rahman, et al. v. Parker, et al., No. M2018-01385-SC-RDO-CV, #2 Attachment B: Dissenting Opinion in Abdur'Rahman, et al. v. Parker, et al., No. M2018-01385-SC-RDO-CV)(Kissinger, Stephen) |
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Filing 19
ORDER: Pending before the Court are Defendants' Motion to Stay Proceedings Based on Colorado River Abstention Doctrine (Doc. No. #16 ), and Plaintiffs' Response (Doc. No. #18 ) in opposition. Defendants shall file any reply brief on or before October 11, 2018. Signed by District Judge William L. Campbell, Jr on 10/5/2018. (jm)
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| Filing 18 RESPONSE to Motion re #16 MOTION to Stay Proceedings Based on Colorado River Abstention Doctrine and Memorandum of Law in Support filed by David Earl Miller. (Attachments: #1 Attachment A: Transcript Pages Tennessee Supreme Court Case No. M2018-01385-SC-RDO-CV., #2 Attachment B: Order, Tennessee Supreme Court Case No. M2010-02275-SC-R11-CV., #3 Attachment C: Order, Tennessee Supreme Court Case No. M1987-00130-SC-DPE-DD., #4 Attachment D: Brief of Appellants, Tennessee Supreme Court Case No. M2018-01385-SC-RDO-CV., #5 Attachment E: Reply Brief of Appellants, Tennessee Supreme Court Case No. M2018-01385-SC-RDO-CV.)(Kissinger, Stephen) |
| Filing 17 CERTIFICATE Corrected Certificate of Service filed by Tony Mays, Tony Parker re #16 MOTION to Stay Proceedings Based on Colorado River Abstention Doctrine and Memorandum of Law in Support filed by Tony Parker, Tony Mays. (Sutherland, Scott) |
| Notice to Filer re DE #16 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (jm) |
| TN State Bar status verified as active for Jennifer L. Brenner and Robert W. Mitchell. (jm) |
| Filing 16 MOTION to Stay Proceedings Based on Colorado River Abstention Doctrine and Memorandum of Law in Support by Tony Mays, Tony Parker. (Attachments: #1 Attachment Lethal Inj Manual 7/5/18, #2 Attachment Lethal Inj Manual 1/8/18, #3 Attachment Complaint for Dec Judgment, #4 Attachment Motion to Dismiss and Memo in Support, #5 Attachment Amended Complaint, #6 Attachment Memorandum and Order, #7 Attachment Motion for Leave to file 2nd Amended Complaint, #8 Attachment Memorandum and Order Motion to Amend, #9 Attachment Order Applying Tennessee Civil Proc. Rule 15.02, #10 Attachment Order Dismissing, #11 Attachment TN Supreme Court Order 8/13/18, #12 Attachment Tn Supreme Court Order 9/14/18)(Sutherland, Scott) |
| WY State Bar status verified as active for Stephen M. Kissinger. (jw) |
| Filing 15 SUMMONS returned executed by David Earl Miller as to Tony Parker on 8/31/18. (Kissinger, Stephen) Modified on 9/21/2018 (jm). |
| Filing 14 SUMMONS returned executed by David Earl Miller as to Tony Mays on 8-31-18. (Kissinger, Stephen) Modified on 9/21/2018 (jm). |
| Filing 13 NOTICE of Appearance by Stephen M. Kissinger on behalf of All Plaintiffs (Kissinger, Stephen) |
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Filing 12
ORDER granting #11 Motion for Stephen M. Kissinger to Appear Pro Hac Vice. Signed by District Judge William L. Campbell, Jr on 8/29/2018. (jw)
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| Filing 11 MOTION for attorney(s) Stephen M. Kissinger to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2741428) by David Earl Miller. (Attachments: #1 Attachment Certificate of Good Standing.)(Kissinger, Stephen) |
| Filing 10 RECEIPT #34675051592 in the amount of $350 re #1 Complaint. (gb) |
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Filing 9
ORDER: In light of Plaintiffs' payment in full, the portion of the Court's previous Order instructing their trust account custodian to pay the fee in installments from their trust accounts is VACATED. Signed by District Judge William L. Campbell, Jr on 8/24/18. (xc: Warden Mays by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 8 Summons issued as to Tony Mays, Tony Parker and Tennessee Attorney General. Service copies returned to counsel by mail. (gb) |
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Filing 7
ORDER Assessing Filing Fee ($350) for David Earl Miller, Nicholas Todd Sutton and Stephen Michael West, pro rata of $116.66 from each plaintiff; Granting #2 APPLICATION for Leave to Proceed In Forma Pauperis filed by David Earl Miller, #3 APPLICATION for Leave to Proceed In Forma Pauperis filed by Nicholas Todd Sutton and #4 APPLICATION for Leave to Proceed In Forma Pauperis filed by Stephen Michael West. McKay is DISMISSED as a Plaintiff, and his application for leave to proceed in forma pauperis ( #5 ) is DENIED as moot. Signed by District Judge William L. Campbell, Jr on 8/23/18. (xc: Warden Tony May by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
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| Filing 6 NOTICE of Voluntary Dismissal by Larry McKay (Hansen Chavis, Dana) |
| TN State Bar status verified as active for Dana C. Hansen Chavis. (gb) |
| Filing 5 APPLICATION for Leave to Proceed In Forma Pauperis by Larry McKay. (gb) |
| Filing 4 APPLICATION for Leave to Proceed In Forma Pauperis by Stephen Michael West. (gb) |
| Filing 3 APPLICATION for Leave to Proceed In Forma Pauperis by Nicholas Todd Sutton. (gb) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by David Earl Miller. (gb) |
| Filing 1 COMPLAINT against Tony Mays, Tony Parker, filed by David Earl Miller, Nicholas Todd Sutton, Larry McKay, Stephen Michael West. (Attachments: #1 Attachment A - July 5, 2018 Lethal Injection Protocol, #2 Attachment B - January 8, 2018 Lethal Injection Protocol, #3 Attachment Civil Cover Sheet)(gb) |
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