(ORDER LIST: 540 U.S.)
MONDAY, DECEMBER 1, 2003
ORDERS IN PENDING CASES
03M30 CHAPARRO, ALFRED V. LINDSEY, WARDEN03M32 FERES, CORY R. V. UNITED STATESThe motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.
03M33 ZHOU, BAOSHENG V. PACIFIC MEDICAL CLINICSThe motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record is granted.
03M34 VASQUEZ-HERNANDEZ, HECTOR V. OREGONThe motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.
126, ORIG. KANSAS V. NEBRASKA AND COLORADOThe motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied.
128, ORIG. ALASKA V. UNITED STATESThe motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $30,327.21 for the period April 16, 2003 through October 20, 2003, to be paid equally by the parties. Vincent McKusick, Esquire, of Portland, Maine, the Special Master in this case is hereby discharged with the thanks of the Court.
02-1196 SEC V. EDWARDS, CHARLES E.The motion of the Special Master for allowance of fees and reimbursement is granted, and the Special Master is awarded a total of $154,275.25 for the period April 17, 2003, through October 16, 2003, to be paid equally by the parties.
02-1624 ELK GROVE UNIFIED SCH. DIST. V. NEWDOW, MICHAEL A., ET AL.The motion of Financial World Companies, Inc. for leave to file a brief as amicus curiae is denied.
02-1667 TENNESSEE V. LANE, GEORGE, ET AL.The motion of respondent Michael A. Newdow for representation pro se, or (in the alternative) pro hac vice is granted. The motion of Americans United for Separation of Church and State for leave to participate in oral argument as amicus curiae and for additional time to present argument is denied. Justice Scalia took no part in the consideration or decision of these motions.
02-1684 YARBOROUGH, WARDEN V. ALVARADO, MICHAELThe motion of Richard Stevens for leave to file a brief as amicus curiae is denied.
02-1794 UNITED STATES V. FLORES-MONTANO, MANUELThe motion of respondent for appointment of counsel is granted. Tara K. Allen, Esquire, of Malibu, California, is appointed to serve as counsel for the respondent in this case.
02-1824 DRETKE, DIR., TX DCJ V. HALEY, MICHAEL W.The motion of respondent for appointment of counsel is granted. Steven F. Hubachek, Esquire, of San Diego, California, is appointed to serve as counsel for the respondent in this case.
02-9065 MUHAMMAD, SHAKUR V. CLOSE, MARKThe motion of respondent for appointment of counsel is granted. Eric M. Albritton, Esquire, of Longview, Texas, is appointed to serve as counsel for the respondent in this case.
02-11034 SWINT, NATHANIEL V. UNITED STATESThe motion of respondent for leave to file a surreply brief is granted.
02-11062 WASHINGTON, KEITH D. V. STATE STREET BANK & TRUSTThe motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied.
02-11356 SIVAK, LACEY M. V. JOHNSON, MICHAEL, ET AL.The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied. Justice Breyer took no part in the consideration or decision of this motion.
03-107 UNITED STATES V. LARA, BILLY JOThe motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied.
03-5385 NABELEK, IVO V. BRADFORD, CLARENCE O., ET AL.The motion of the Solicitor General to dispense with printing the joint appendix is granted.
03-6944 HANSON-HODGE, PAULA N. V. BARNHART, COMM'R, SOCIAL SEC.The motions of petitioners for reconsideration of orders denying leave to proceed in forma pauperis are denied.
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 22, 2003, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
CERTIORARI GRANTED
02-891 CENTRAL LABORERS' PENSION V. HEINZ, THOMAS E., ET AL.03-339 ) SOSA, JOSE F. V. ALVAREZ-MACHAIN, H., ET AL.The petition for a writ of certiorari is granted.
03-526 SCHRIRO, DIR., AZ DOC V. SUMMERLIN, WARREN W.The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
03-6539 JOHNSON, JAY S. V. CALIFORNIAThe petition for a writ of certiorari is granted limited to Questions 1 and 2 presented by the petition.
03-95 PA STATE POLICE V. SUDERS, NANCY D.The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following Question: Whether to establish a prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), the objector must show that it is more likely than not the other party's peremptory challenges, if unexplained, were based on impermissible group bias?
03-6821 NELSON, DAVID L. V. CAMPBELL, COMM'R, AL DOC, ET AL.The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted.
The motion of Alabama Physicians, Laurie Dill, et al. for leave to file a brief as amici curiae is granted. The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following Question: Whether a complaint brought under 42 U.S.C. Sec. 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. Sec. 2254?
CERTIORARI DENIED
03-51 SILVEIRA, SEAN, ET AL. V. LOCKYER, ATT'Y GEN. OF CA02-1318 ZAPATA HERMANOS SUCESORES V. HEARTHSIDE BAKING CO., INC.The petitions for writs of certiorari are denied.
03-165 GEN. MOTORS CORP. V. UNITED STATES, ET AL.The motion of International Association of Contract and Commercial Managers, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
03-261 FAWCETT, JEAN V. McROBERTS, COLIN, ET UX.The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
03-272 ) DOW CHEM. CO. V. AES CORP.The motion of Scottish Ministers for leave to file a brief as amicus curiae is granted. The motion of respondents for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
03-427 WOODFORD, WARDEN V. ROHAN, ex rel. OSCAR GATESThe petitions for writs of certiorari are denied. Justice O'Connor took no part in the consideration or decision of these petitions.
03-440 CRIST, ATT'Y GEN. OF FL V. HART, ROBERT A.The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
HABEAS CORPUS DENIED
03-7155 IN RE MIKE GUTIERREZ BRUNO03-7170 IN RE BOBBY E. HAZEL AND RONALD MITCHELLThe petition for a writ of habeas corpus is denied.
The motion of petitioner Bobby E. Hazel for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed as to petitioner Hazel. See Rule 39.8. The petition for a writ of habeas corpus is denied as to petitioner Ronald Mitchell.
MANDAMUS DENIED
03-6546 IN RE GARY L. BECK03-6557 IN RE DANIEL W. DUMONTThe petitions for writs of mandamus are denied.
The petition for a writ of mandamus and/or prohibition is denied.
REHEARING DENIED
02-901 BLACKMAN, NEELY L. V. DALLAS, TX02-10712 WASHINGTON, KEITH D. V. USDC MAThe petitions for rehearing are denied.
The petition for rehearing is denied. Justice Breyer took no part in the consideration or decision of this petition.