Zagorski v. Haslam et al
| Edmond Zagorski |
| Bill Haslam, Tony Mays and Tony Parker |
| 3:2018cv01205 |
| October 26, 2018 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Aleta A Trauger |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 26
ORDER: The court takes judicial notice that the plaintiff was executed on November 1, 2018. Accordingly, the Clerk of Court is DIRECTED to close this matter. The pending Motion to Intervene (Doc. No. 25) is DENIED as moot without prejudice to the movants' ability to file a separate lawsuit to assert their alleged rights. Signed by District Judge Aleta A. Trauger on 11/6/18. (dt)
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| Filing 25 MOTION to Intervene by Edmond Zagorski. (Attachments: #1 Attachment A - 2/15/18 Motion, #2 Attachment B - Complaint)(Henry, Kelley) |
| Filing 24 NOTICE by Bill Haslam, Tony Mays, Tony Parker (Sutherland, Scott) |
| Filing 23 INFORMATION COPY from 6CCA: We deny the motion to stay the execution and affirm the district court's judgment. (MANDATE TO ISSUE) (af) |
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Filing 22
ORDER granting #21 Motion to Compel. The defendants are ORDERED to file by 11:00 a.m. tomorrow, November 1, 2018, a notice reflecting the logistics of how they intend to comply with the court's requirement to provide access to a telephone to the plaintiff's attorney-witness immediately before and during his execution. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/31/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 21 Emergency MOTION to Compel Expedited Review Requested by Edmond Zagorski. (Henry, Kelley) |
| Filing 20 USCA Case Number 18-6145 for #19 Notice of Appeal filed by Edmond Zagorski. Case Manager Patricia J. Elder.(dt) |
| Filing 19 NOTICE OF APPEAL as to #17 Order on Motion for Miscellaneous Relief,, #15 Order on Motion for Reconsideration,,,,, #8 Order,,, by Edmond Zagorski. (Henry, Kelley) |
| Filing 18 ENTRY OF JUDGMENT re: #17 Order. (dt) |
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Filing 17
ORDER: The court finds in this matter that there is no reason to delay entry of judgment and appeal regarding the dismissal of Counts I and II of the plaintiff's Complaint, and that immediate appeal is otherwise warranted. Accordingly, the plaintiff's motion (Doc. No. #16 ) is GRANTED, and the Clerk of Court is DIRECTED to enter final judgment with regard to Count I and Count II of the plaintiff's Complaint. Count III remains pending before this court. Signed by District Judge Aleta A. Trauger on 10/30/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 16 MOTION Entry of Judgment by Edmond Zagorski. (Henry, Kelley) |
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Filing 15
ORDER: The matter is before the court on the plaintiff's Motion to Alter or Amend Order Dismissing Counts I and II of the Complaint and Emergency Motion for Temporary Restraining Order and Preliminary Injunction. (Doc. 9.) The court finds that Count III presents at least the minimum chance of success on the merits to warrant injunctive relief in light of the plaintiff's interest, the public interest, and the fact that the relief requested will not prevent the state from carrying out the plaintiff's sentence as scheduled. The plaintiff has acknowledged that "[a]n order directing Defendants to provide telephone access cures the constitutional violation and will not result in a stay." (Doc. No. 11 at 7.) Accordingly, the plaintiff's request for a temporary restraining order is GRANTED in part, to the extent that the defendants and anyone acting on their behalf are hereby ENJOINED from proceeding with the plaintiff's execution unless his attorney-witness is provided with immediate access to a telephone during the time preceding and during the execution. In all other respects, the plaintiff's pending motion is DENIED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/29/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 14 SUMMONS returned executed by Edmond Zagorski. Tony Parker served on 10/29/2018. (Henry, Kelley) |
| Filing 13 SUMMONS returned executed by Edmond Zagorski. Tony Mays served on 10/29/2018. (Henry, Kelley) |
| Filing 12 SUMMONS returned executed by Edmond Zagorski. Bill Haslam served on 10/29/2018. (Henry, Kelley) |
| Filing 11 RESPONSE to #10 STATEMENT REGARDING COUNT III filed by Edmond Zagorski. (Henry, Kelley) Modified on 10/31/2018 (dt). |
| Filing 10 STATEMENT REGARDING COUNT III filed by Bill Haslam, Tony Mays and Tony Parker. (Attachments: #1 Attachment Chancery Court Opinion, #2 Attachment Petition for Certiorari, #3 Attachment TDOC Policy)(Sutherland, Scott) Modified on 10/31/2018 (dt). |
| TN State Bar status verified as active for Kelley J. Henry, Amy D. Harwell, Richard L. Tennent, Katherine Dix and James O. Martin, III. (dt) |
| Filing 9 Emergency MOTION for Reconsideration and Request for Emergency TRO/Preliminary Injunction by Edmond Zagorski. (Attachments: #1 Attachment A Swrorn Statement of John Wikswo, #2 Attachment B Allen Lee Davis, #3 Attachment C Jesse Tafero, #4 Attachment D 2017 Electrocution Protocol, #5 Attachment E Holton Autopsy, #6 Attachment F Holton Photographs, #7 Attachment G Inglis Deposition, #8 Attachment H Parker Deposition)(Henry, Kelley) |
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Filing 8
ORDER: The court hereby ORDERS that the defendants file, by 12:00 p.m. Monday, October 29, a statement of their position with respect to Count III, including whether or the extent to which the current execution plan comports with this court's previous opinions about a condemned inmate's right to access to counsel and the courts during an execution in Coe v. Bell, 89 F. Supp. 2d 962, 967 (M.D. Tenn.), vacated on other grounds, 230 F.3d 1357 (6th Cir. 2000) (ordering that condemned inmate's "counsel must have access to a telephone with an unimpeded outside line at the time that he or she witnesses the execution"). It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 7 Summons issued as to Tony Parker and placed in FPD's box for service. (af) |
| Filing 6 Summons issued as to Tony Mays and placed in FPD's box for service. (af) |
| Filing 5 Summons issued as to Bill Haslam and placed in FPD's box for service. (af) |
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Filing 4
ORDER granting #2 Application for Leave to Proceed in forma pauperis signed by District Judge Aleta A. Trauger on 10/26/2018. (ds)
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| Filing 3 CERTIFICATE OF SERVICE by Edmond Zagorski (Henry, Kelley) |
| Filing 2 MOTION to Proceed In Forma Pauperis filed by Edmond Zagorski. (af) |
| Filing 1 COMPLAINT filed by Edmond Zagorski. (Attachments: #1 Attachment Civil Cover Sheet)(af) |
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