1
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COMPLAINT against Theodis Beck, Marvin Polk, Unknown Executioners ( Filing fee $ 250 receipt number 104 21559.), filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A to Complaint# 2 Civil Cover Sheet)(Cowan, J.) (Entered: 02/27/2006)
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Feb. 27, 2006
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Feb. 27, 2006
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6
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Summons Issued as to Theodis Beck, Marvin Polk. (Deputy Clerk, GM) (Entered: 03/07/2006)
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Feb. 27, 2006
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Feb. 27, 2006
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2
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MOTION for Preliminary Injunction by Willie Brown, Jr. (Cowan, J.) (Entered: 02/28/2006)
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Feb. 28, 2006
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Feb. 28, 2006
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3
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Memorandum in Support re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Page/Rouse/Perkins Grievance Documents# 2 Exhibit B - State's Emergency Petition, State v. Hunt# 3 Exhibit C - Redacted NC Licensing Documents# 4 Exhibit D - Unpublished Cases# 5 Exhibit E - Excerpts from Depo. of Marvin Polk# 6 Exhibit F - Affidavit of Dr. Mark J. S. Heath# 7 Exhibit G - Affidavit of Philip G. Boysen# 8 Exhibit H - Affidavit of Dr. Kevin Concannon# 9 Exhibit I - Affidavit of Nancy Bruton-Maree# 10 Exhibit J - Affidavit of Cynthia F. Adcock# 11 Exhibit K - Affidavit of Heather Wells# 12 Exhibit L - Affidavit of Kim Stevens)(Cowan, J.) (Entered: 02/28/2006)
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Feb. 28, 2006
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Feb. 28, 2006
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9
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SUMMONS Returned Executed Theodis Beck served on 2/27/2006, answer due 3/19/2006; Marvin Polk served on 2/27/2006, answer due 3/19/2006. (Deputy Clerk, GM) (Entered: 03/08/2006)
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Feb. 28, 2006
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Feb. 28, 2006
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4
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NOTICE of Appearance by Laura Murray Loyek on behalf of Willie Brown, Jr (Loyek, Laura) (Entered: 03/01/2006)
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March 1, 2006
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March 1, 2006
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5
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Order to Particularize Complaint to submit information to the court to show whether or not plaintiff had exhausted available administrative remedies at the time he filed the complaint and Response due by 3/13/2006.. Signed by Judge Malcolm J. Howard on 3/3/2006. (Deputy Clerk, GM) (Entered: 03/03/2006)
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March 3, 2006
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March 3, 2006
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10
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MOTION to Dismiss by Theodis Beck, Marvin Polk. (Deputy Clerk, GM) (Entered: 03/09/2006)
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March 7, 2006
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March 7, 2006
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11
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Memorandum in Support re 10 MOTION to Dismiss by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit)(Deputy Clerk, GM) (Entered: 03/09/2006)
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March 7, 2006
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March 7, 2006
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7
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MOTION for Leave to File Amended Complaint by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Amended Complaint with exhibits)(Loyek, Laura) (Entered: 03/08/2006)
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March 8, 2006
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March 8, 2006
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8
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RESPONSE to Order re 5 Order to Particularize Complaint, filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Emergency Grievance# 2 Exhibit B - Grievance Response (Step 1 and Step 2)# 3 Exhibit C - Page, Rouse & Perkins Grievance Responses# 4 Exhibit D - Grievance Examiner's Final Decision)(Loyek, Laura) (Entered: 03/08/2006)
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March 8, 2006
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March 8, 2006
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12
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ORDER directing any responses re 7 MOTION for Leave to File Amended Complaint filed by Willie Brown, Jr. to be filed on or before 3/14/2006. Signed by Judge Malcolm J. Howard on 3/9/2006. (Deputy Clerk, GM) (Entered: 03/09/2006)
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March 9, 2006
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March 9, 2006
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13
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RESPONSE in Opposition re 7 MOTION for Leave to File Amended Complaint filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit Hargett Order)(Pitman, Thomas) (Entered: 03/10/2006)
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March 10, 2006
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March 10, 2006
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14
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RESPONSE in Opposition re 10 MOTION to Dismiss filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Page v. Beck Order Nov. 30, 2004# 2 Exhibit B - Rowsey v. Beck Order Jan. 20, 2004)(Loyek, Laura) (Entered: 03/13/2006)
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March 13, 2006
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March 13, 2006
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15
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REPLY to Response to Motion re 7 MOTION for Leave to File Amended Complaint filed by Willie Brown, Jr. (Loyek, Laura) (Entered: 03/13/2006)
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March 13, 2006
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March 13, 2006
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16
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ORDER dismissing as moot 7 Motion for Leave to amend, amended complaint is deemed filed as of the date of the filing of plaintiff's motion and denying 10 Motion to Dismiss . Signed by Judge Malcolm J. Howard on 3/15/2006. (Deputy Clerk, GM) (Entered: 03/15/2006)
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March 15, 2006
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March 15, 2006
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17
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ORDER Scheduling Conference set for 3/27/2006 01:00 PM before Judge Malcolm J. Howard in Greenville. Signed by Judge Malcolm J. Howard on 3/15/2006. (Deputy Clerk, GM) (Entered: 03/15/2006)
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March 15, 2006
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March 15, 2006
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18
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First MOTION for Leave to File Excess Pages Memo Opposing Preliminary Injunction by Theodis Beck, Marvin Polk. (Attachments: # 1 Text of Proposed Order Exceed Page Limit)(Pitman, Thomas) (Entered: 03/20/2006)
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March 20, 2006
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March 20, 2006
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20
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Memorandum in Opposition Motion for Preliminary Injunction filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit Exhibit List# 2 Affidavit Polk Affidavit# 3 Affidavit Beck Affidavit# 4 Exhibit Baze Case Report)(Pitman, Thomas) (Entered: 03/20/2006)
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March 20, 2006
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March 20, 2006
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21
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AFFIDAVIT re 20 Memorandum in Opposition Ex 3 (Dershwitz Aff) -Transmission Failure With Initial Filing by Theodis Beck, Marvin Polk, Theodis Beck, Marvin Polk filed by Theodis Beck, Marvin Polk, Theodis Beck, Marvin Polk. (Pitman, Thomas) (Entered: 03/21/2006)
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March 21, 2006
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March 21, 2006
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22
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NOTICE by Willie Brown, Jr of Filing (Attachments: # 1 Order Setting Date of Execution)(Loyek, Laura) (Entered: 03/22/2006)
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March 22, 2006
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March 22, 2006
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24
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ORDER granting 18 Motion for Leave to File Excess Pages . Signed by Judge Malcolm J. Howard on 3/22/2006. (Deputy Clerk, GM) (Entered: 03/23/2006)
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March 22, 2006
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March 22, 2006
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23
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MOTION for Leave to File Excess Pages by Willie Brown, Jr. (Attachments: # 1 Text of Proposed Order Granting Motion to Exceed Page Limit)(Loyek, Laura) (Entered: 03/23/2006)
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March 23, 2006
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March 23, 2006
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25
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ORDER granting 23 Motion for Leave to File Excess Pages . Signed by Judge Malcolm J. Howard on 3/23/2006. (Deputy Clerk, GM) (Entered: 03/23/2006)
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March 23, 2006
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March 23, 2006
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26
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ORDER hearing on motion for injunctive relief set for 4/6/2006 09:00 AM in Greenville before Judge Malcolm J. Howard.. Signed by Judge Malcolm J. Howard on 3/27/2006. (Deputy Clerk, GM) (Entered: 03/28/2006)
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March 27, 2006
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March 27, 2006
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27
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ORDER denying 19 Motion to Dismiss and motion for reconsideration . Signed by Judge Malcolm J. Howard on 3/27/2006. (Deputy Clerk, GM) (Entered: 03/28/2006)
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March 27, 2006
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March 27, 2006
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28
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REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Diagram of Execution Area# 2 Exhibit B - McHone Toxicology Report# 3 Exhibit C - Syriani Toxicology Report# 4 Exhibit D - Boyd Toxicology Report# 5 Exhibit E - Simpson Toxicology Report# 6 Exhibit F - Excerpts from Deposition of Marvin Polk# 7 Exhibit G - Excerpts from Deposition of Theodis Beck# 8 Exhibit H - Second Affidavit of Dr. Mark J. S. Heath# 9 Exhibit I - Second Affidavit of Nancy Bruton-Maree, CRNA# 10 Exhibit J - Second Affidavit of Dr. Kevin Concannon)(Loyek, Laura) (Entered: 04/03/2006)
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April 3, 2006
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April 3, 2006
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29
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AFFIDAVIT in Opposition re 18 First MOTION for Leave to File Excess Pages Memo Opposing Preliminary Injunction filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Notice of Filing (Dershwitz Second Affidavit)# 2)(Pitman, Thomas) (Entered: 04/05/2006)
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April 5, 2006
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April 5, 2006
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30
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Minute Entry for proceedings held before Judge Malcolm J. Howard: Motion Hearing held on 4/6/2006 re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. Present for pla-Donald Cowan, Laura Loyek, deft-Thomas Pittman, James Smith. Court hears arguments from counsel. Defts offer exhibit 1. Court takes matter under advisement-written order to follow. Total hrg time: 3 hrs. (S. Foell, clk) (Court Reporter Harry Hagopian) (Deputy Clerk, SDF) (Entered: 04/06/2006)
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April 6, 2006
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April 6, 2006
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NOTICE OF DEFICIENCY re: 29 Affidavit in Opposition to MotionDocument filed as an affidavit. If filing as a Notice of Filing, the Notice of Filing selection should be used.Affidavit was not signed or notarized. (Deputy Clerk, GM) (Entered: 04/06/2006)
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April 6, 2006
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April 6, 2006
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31
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AFFIDAVIT in Opposition re 2 MOTION for Preliminary Injunction Substitute Dershwitz Second Affidavit filed by Theodis Beck, Marvin Polk. (Pitman, Thomas) (Entered: 04/07/2006)
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April 7, 2006
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April 7, 2006
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32
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ORDER denying 2 Motion for Preliminary Injunction. Accordingly, the Court hereby conditionally DENIES plaintiff's motion for preliminary injunction and plaintiff's execution may proceed as scheduled on April 21, 2006 on the condition that there are present and accessible to plaintiff throughout the execution personnel with sufficient medical training to ensure the plaintiff is in all respects unconscious prior to and at the time of the administration of any pancuronium bromide or potassium chloride. ccys served by fax and by mail 4/7/2006.Signed by Judge Malcolm J. Howard on 4/7/2006. (Deputy Clerk, DH) (Entered: 04/07/2006)
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April 7, 2006
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April 7, 2006
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TRANSCRIPT of Proceedings held on April 6, 2006 before Judge Malcolm J. Howard. Court Reporter: Harold M. Hagopian. (Deputy Clerk, GM) (Entered: 04/17/2006)
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April 11, 2006
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April 11, 2006
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33
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RESPONSE to Order re 32 Order on Motion for Preliminary Injunction,, filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Affidavit Dershwitz Third Affidavit# 2 Affidavit Polk Second Affidavit)(Pitman, Thomas) (Entered: 04/12/2006)
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April 12, 2006
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April 12, 2006
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34
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RESPONSE re 33 Response filed by Willie Brown, Jr. (Attachments: # 1 Exhibit Kentucky Transcript# 2 Exhibit Rebuttal of Dershwitz# 3 Errata Heath Third Affidavit# 4 Exhibit Heath Third Affidavit, part 2# 5 Exhibit Heath Third Affidavit, part 3# 6 Exhibit Heath Third Affidavit part 4# 7 Exhibit Heath Third Affidavit part 5# 8 Exhibit Heath Third Affidavit part 6# 9 Exhibit Heath Third Affidavit, part 7# 10 Exhibit Heath Third Affidavit part 8# 11 Exhibit Heath Third Affidavit part 9# 12 Errata Heath Third Affidavit part 10# 13 Exhibit Heath Third Affidavit part 11# 14 Exhibit Heath Third Affidavit part 12# 15 Exhibit Heath Third Affidavit part 13# 16 Exhibit Heath Third Affidavit part 14# 17 Exhibit Heath Third Affidavit part 15# 18 Exhibit Heath Third Affidavit part 16# 19 Exhibit Heath Third Affidavit part 17# 20 Exhibit Heath Third Affidavit part 18# 21 Exhibit Heath Third Affidavit part 19# 22 Exhibit Heath Third Affidavit part 20# 23 Exhibit Heath Third Affidavit part 21# 24 Exhibit Heath Third Affidavit part 22# 25 Exhibit Heath Third Affidavit part 23# 26 Exhibit Heath Third Affidavit part 24# 27 Errata Heath Third Affidavit part 25# 28 Exhibit Heath Third Affidavit part 26# 29 Exhibit Heath Third Affidavit part 27# 30 Exhibit Heath Third Affidavit part 28# 31 Exhibit Heath Third Affidavit part 29# 32 Exhibit Heath Third Affidavit part 30# 33 Exhibit Heath Third Affidavit part 31# 34 Errata Heath Third Affidavit part 32# 35 Exhibit Heath Third Affidavit part 33# 36 Exhibit Boysen Second Affidavit# 37 Exhibit Maree Third Affidavit# 38 Exhibit Kelley Affidavit)(Loyek, Laura) (Entered: 04/14/2006)
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April 14, 2006
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April 14, 2006
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36
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NOTICE OF APPEAL by Willie Brown, Jr. Filing fee $ 455. (Loyek, Laura) (Entered: 04/17/2006)
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April 17, 2006
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April 17, 2006
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37
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NOTICE of filing on 4/19/06 of motion and application to intervene by James Chapman French (Deputy Clerk, AI) (Entered: 04/18/2006)
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April 18, 2006
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April 18, 2006
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38
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NOTICE of future filings to take place on 4/20/06 by James Chapman French. (Deputy Clerk, AI) (Entered: 04/20/2006)
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April 19, 2006
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April 19, 2006
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USCA Appeal Fees received $ 455 receipt number 105 25757 re 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/20/2006)
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April 19, 2006
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April 19, 2006
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39
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MOTION to Intervene by James Chapman French. (no signature) (Attachments: # 1 Unsigned Memo in Support# 2 Verified Complaint)(Deputy Clerk, GM) (Entered: 04/21/2006)
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April 20, 2006
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April 20, 2006
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USCA Case Number 06-9 B. Walton for 36 Notice of Appeal filed by Willie Brown, Jr.. (Deputy Clerk, GM) (Entered: 04/21/2006)
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April 20, 2006
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April 20, 2006
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40
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ORDER denying 39 Motion to Intervene . Signed by Judge Malcolm J. Howard on 4/21/2006. (Deputy Clerk, GM) (Entered: 04/21/2006)
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April 21, 2006
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April 21, 2006
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41
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PUBLISHED ORDER of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr.denying motion for prelimary injunction (Deputy Clerk, GM) (Entered: 04/26/2006)
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April 25, 2006
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April 25, 2006
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42
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USCA JUDGMENT as to 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/26/2006)
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April 25, 2006
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April 25, 2006
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43
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MANDATE of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/26/2006)
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April 25, 2006
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April 25, 2006
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44
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ORDER of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr. - denying motion to recall mandate, motion for stay of execution and dismissing petition for rehearing en banc (Deputy Clerk, GM) (Entered: 04/28/2006)
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April 27, 2006
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April 27, 2006
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45
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ORDER DISMISSING this action. Signed by Judge Malcolm J. Howard on 5/15/2006. (Deputy Clerk, GM) (Entered: 05/17/2006)
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May 16, 2006
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May 16, 2006
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46
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CLERK'S JUDGMENT - that this action is hereby dismissed. Signed by Brooks, Acting Clerk on 5/17/2006. (Deputy Clerk, GM) (Entered: 05/17/2006)
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May 17, 2006
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May 17, 2006
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