(ORDER LIST: 531 U.S.) TUESDAY, JANUARY 16, 2001 CERTIORARI -- SUMMARY DISPOSITION 99-1688 KLEVE, THOMAS C. V. HILL, WARDEN, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Fiore v. White, 531 U.S. ____ (2001). 99-1693 WITZEL, WILLIAM C., ET AL. V. CIR The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Gitlitz v. Commissioner of Internal Revenue , 531 U.S. ____ (2001). 99-2008 HOUSTON, WARDEN V. KILPATRICK, JERRY J. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Lopez v. Davis, 531 U.S. ____ (2001). 99-8840 ROBINSON, ERVIN J. V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is 1 remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Glover v. United States, 531 U.S. ____ (2001). 00-18 BOOKER, WARDEN V. WARD, JAMES, ET AL. The motion of respondents for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Lopez v. Davis, 531 U.S. ____ (2000). 00-459 GAUDIANO, SALVADOR, ET AL. V. CIR The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Gitlitz v. Commissioner of Internal Revenue , 531 U.S. ____ (2001). 00-550 STEYSKAL, DANIEL V. UNITED STATES The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. ____ (2000). 00-5296 DORE, PASCAL V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the 2 Eleventh Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. ____ (2000). 00-6515 GRIFFITHS, WINSTON V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. ____ (2000). 00-6520 COLE, RAWLE A., ET AL. V. UNITED STATES The motion of petitioners for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari as to Rawle Anthony Cole is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. ____ (2000). The petition for a writ of certiorari as to Stacy Lature Hayden and Shanreca Lashon Crawford is denied. 00-6571 PHILLIPS, WARREN V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. ____ (2000). 3 ORDERS IN PENDING CASES 00-6374 BECKER, DALE G. MONTGOMERY, ATTY. GEN. OF OHIO The order granting the petition for a writ of certiorari is amended to read as follows: 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: When a party files a timely notice of appeal in district court, does the failure to sign the notice of appeal require the court of appeals to dismiss the appeal? Stewart A. Baker, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. 00-6419 WHITEHEAD, DAVID L. V. PARAMOUNT PICTURES, ET AL. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied. 00-6507 LECHE, EMMA JEAN G. V. TANOU, CHRMN, FDIC The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 6, 2001, 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 DENIED 99-1675 UNITED STATES V. FARLEY, HAROLD D., ET UX. 4 99-7558 WALKER, TIM V. DAVIS, WARDEN, ET AL. 99-10159) GAVIS, JOHN, ET AL. V. HOOD, WARDEN ) 99-10221) GRIER, KARLOS L., ET AL. V. HOOD, WARDEN 00-242 CIR V. PUGH, JAMES H., ET UX. 00-277 BROWN, JAMES H. V. UNITED STATES 00-381 BRIDGETON, MO vs. FAA, ET AL. 00-551 RUSSELL, OSWALD S. V. AMERICAN AIRLINES, ET AL. 00-571 HUCKABY, RICK, ET AL. V. PA GENERAL INSURANCE COMPANY 00-576 NORFOLK SHIPBUILDING, ETC. V. FAULK, THEODORE, ET AL. 00-586 WARE, RANDALL, ET AL. vs. HOUS. AUTH. OF KIOWA TRIBE 00-592 BENCI-WOODWARD, IVOR, ET AL. vs. CIR 00-594 WAYMIRE, JOSEPH J. V. NORFOLK AND WESTERN R. CO. 00-595 MAIER McILNAY & KERKMAN, LTD V. BODENSTEIN, IRA, ET AL. 00-643 GREEN, BRUCE W. ET AL. vs. PLANO, TX, ET AL. 00-742 D'ELEGANCE MANAGEMENT LTD. vs. S & D LAND CLEARING, ET AL. 00-747 ALSAEED, IBRAHIM V. THORPE, MICHELLE 00-749 ALFAIR DEVELOPMENT, ET AL. V. JACKSONVILLE, FL, ET AL. 00-755 SAN FRANCISCO BASEBALL V. MONEGRO, YAN C., ET AL. 00-761 INDIANAPOLIS BAPTIST TEMPLE V. UNITED STATES 00-765 VINSON, HARRY W., ET AL. V. COLOM, DOROTHY, ET AL. 00-779 STEWART, TERRY, ET AL. V. POLSTON, KEVIN D. 00-780 BOERSIG, RANDALL V. UNION ELEC. CO., ET AL. 00-783 PITT NEWS V. FISHER, D. MICHAEL, ET AL. 00-785 HABR, STAN V. WORLD SAVINGS & LOAN ASSOC. 00-786 GATENA, KIM V. CTY. OF ORANGE 00-791 BASTROP CTY., TX V. JANES, BOBBY J. 00-796 BOON INSURANCE AGENCY V. AMERICAN AIRLINES, ET AL. 5 00-803 MEDLOCK, JOHN W. V. WOOD, TANA 00-804 OSBORNE, JEANETTE, ETC. V. CAMBRIDGE TOWNSHIP, PA 00-806 VADIE, AHMAD A. V. MISSISSIPPI STATE UNIVERSITY 00-823 OGATA, AIKO, ET VIR V. J. G. CONSTRUCTION CO., INC. 00-867 CLARK, CLARA V. SLATER, SEC. OF TRANSP. 00-898 HASKINS, ROBERT L. V. PRUDENTIAL INSURANCE 00-905 ALBERS, MARK C., ET AL. V. UNITED STATES 00-922 BARROW, TOMMY J. V. UNITED STATES 00-926 GARDNER, BRUCE E. V. UNITED STATES 00-935 CONTE, MICHAEL A. V. UNITED STATES 00-954 JOHNSON, HARRY D. V. TENNESSEE 00-956 GEALER, GARY V. UNITED STATES, ET AL. 00-970 LORENZO-PEREZ, TOMAS V. UNITED STATES 00-6137 HART, J. FRED V. UNITED STATES 00-6264 MALDONADO-RAMIREZ, OSCAR V. UNITED STATES 00-6400 LEAR, TUHRAN A. V. COWAN, WARDEN 00-6486 MYNARCIK, BEVERLY J. V. UNITED STATES 00-6522 BYRNE, CHARLES F. V. UNITED STATES 00-6544 CEPERO, ANGEL V. UNITED STATES 00-6639 KUENZEL, WILLIAM E. V. ALABAMA 00-6800 CHANDLER, ELAINE V. RAYTHEON EMPLOYEES 00-6911 HYDE, JOHNNY W. V. NORTH CAROLINA 00-6983 TRICE, GEORGE W. V. MOORE, SEC., FL DOC, ET AL. 00-6987 ALI, KASIM E. V. MOORE, SEC., FL DOC 00-6993 LAZARD, KIP V. EAST LA STATE HOSPITAL 00-7003 PICO, ROBERT D. V. CALIFORNIA 00-7008 O'NEAL, FRED V. JOHNSON, DIR., TX DCJ 6 00-7009 NORELLI, RENNIE A. V. CLARKE, WARDEN 00-7019 SMITH, KENNY V. CALIFORNIA 00-7026 KIRKNER, THOMAS M. V. WILSON, HARRY E., ET AL. 00-7029 BAILEY, KEVIN V. ARTUZ, SUPT., GREEN HAVEN 00-7034 ZAWAADI, RASHIDA V. YUKINS, WARDEN 00-7042 HAYES, JERRY V. MOUNTAIN COMPREHENSIVE CARE 00-7052 LOHEAC, HELEN V. POOLE, WARDEN 00-7055 WARE, DARRIS A. V. MARYLAND 00-7056 PARROTT, RUDOLPH V. CALIFORNIA 00-7057 YOUNG, MICHAEL V. SAGER, ROBERT, ET AL. 00-7065 JEFFRIES, JAMES V. GEORGIA 00-7074 RUFFIN, LADJI A. V. CHAPMAN, WARDEN 00-7079 SPENCER, HERMAN V. SENKOWSKI, SUPT., CLINTON 00-7081 PRIDE, EARL D. V. WARD, SUPT., AVON PARK 00-7083 LaBOY, PLACIDO V. SNYDER, DIR., IL DOC, ET AL. 00-7086 VICTORY, MICHAEL A. V. CALIFORNIA 00-7087 WALKER, JOHN E. V. TERHUNE, DIR., CA DOC 00-7088 WRIGHT, CHALMUS V. DEES, WARDEN, ET AL. 00-7091 CLARK, PAUL V. STINSON, SUPT., GREAT MEADOW 00-7094 PAREDES, EFREN V. JOHNSON, WARDEN, ET AL. 00-7099 MILLER, DONNA L. V. LoJAC ENTERPRISES, INC. 00-7104 ROMINE, STEVEN C. V. NEVADA 00-7107 BARAHL, KARRIE K. V. YUKINS, WARDEN 00-7112 PADILLA, DAVID V. DORSEY, WARDEN, ET AL. 00-7118 WATLEY, DONALD R. V. JOHNSON, DIR., TX DCJ 00-7120 WILKINS, CHARLES D. V. FRIES, DENNIS, ET AL. 00-7122 POWELL, TYRONE V. CAREY, WARDEN 7 00-7130 VASQUEZ, JUAN M. V. WILLIAMS, WARDEN, ET AL. 00-7232 GEORGE, NOLAN B. V. HAWAII, ET AL. 00-7261 ZAMARRIPA, ANTONIO V. BUSALAKI, MICHAEL, ET AL. 00-7283 CHILDS, WAYNE L. V. DANZIG, SEC. OF THE NAVY 00-7314 GANGALE, ANTONIO C. V. UNITED STATES 00-7358 HARRIS, KEITH V. NEW MEXICO 00-7369 EDGAR, JAMES T. V. LUEBBERS, SUPT., ET AL. 00-7380 ENGLISH, DERRICK V. OHIO 00-7386 TRAN, QUANG L. V. KONTEH, WARDEN 00-7414 HENSON, GEORGE V. BROMFIELD, BARBARA, ET AL. 00-7421 HARVEY, STEVE V. ROTH, THOMAS 00-7432 REYES-PLATERO, JOSE A. V. UNITED STATES 00-7488 BLAKENEY, ROGER M. V. NORTH CAROLINA The petitions for writs of certiorari are denied. 00-776 MORGAN STANLEY DEAN WITTER V. ROSKIND, JAMES The petition for a writ of certiorari is denied. Justice O'Connor took no part in the consideration or decision of this petition. 00-831 MAY, JON V. HARRIS, SEC. OF STATE OF FL The petition for a writ of certiorari before judgment is denied. 00-7022 ALFORD, RICKEY L. vs. USDC CD CA The petition for a writ of certiorari is denied. The Chief Justice took no part in the consideration or decision of this petition. 00-7126 AMIRI, ABDUL W. V. SAFEWAY, INC. The motion of petitioner for leave to proceed in 8 forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals , 506 U.S. 1 (1992) ( per curiam). Justice Stevens dissents. See id., at 4, and cases cited therein. HABEAS CORPUS DENIED 00-7568 IN RE PHILLIP WIMBISH 00-7585 IN RE CHESTER SCHIMBERG 00-7595 IN RE JACK DEMPSEY PHILLIPS The petitions for writs of habeas corpus are denied. MANDAMUS DENIED 00-6984 IN RE RICHARD LEE COTHRUM 00-6999 IN RE DALTON LOYD WILLIAMS 00-7041 IN RE E. FRANK CORNELIUS 00-7078 IN RE JEAN ALLEN ROUX The petitions for writs of mandamus are denied. 00-6974 IN RE JAMES D. MACIEL The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of 9 mandamus and/or prohibition is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals , 506 U.S. 1 (1992) ( per curiam). Justice Stevens dissents. See id., at 4, and cases cited therein. REHEARINGS DENIED 99-9995 RIVERA, JUAN B. V. GREENE, JUSTIN L. 99-10273 ANDERSON, ROLAND C. vs. GMC 00-244 RUSSO, IRENE, ETC. V. DEPARTMENT OF AGRICULTURE 00-313 ADKINS, MICHAEL, ET UX. V. UNCLE BART'S INC., ET AL. 00-368 KISSI, DAVID A. V. SMALL BUSINESS ADMIN., ET AL. 00-5468 IN RE ANDREW STEPHENS 00-6031 BURNS-BEY, MICHAEL D. V. COMMR., MN DEPT. OF CORRS. 00-6094 RICHARDS, MARK E. V. ANGELONE, DIR., VA DOC 00-6146 SAMPSON, CARLOTTA J. V. CITIBANK F.S.B., ET AL. 00-6183 WHITE, HERMAN V. PORTER, JANICE 00-6281 WALLACE, HENRY L. V. NORTH CAROLINA 00-6323 MALEKZADEH, DARREN V. TEXAS TECH UNIV., ET AL. 00-6423 JONES, FORREST L. V. HUBBARD, WARDEN 00-6618 JOHNSON, DONALD R. V. KEMNA, SUPT., CROSSROADS 00-6825 LANGWORTHY, JOHN A. V. MARYLAND The petitions for rehearing are denied. 10 ATTORNEY DISCIPLINE D-2205 IN THE MATTER OF WILLIAM ERWIN FREDENBERGER, JR. William Erwin Fredenberger, Jr., of Stafford, Virginia, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on October 30, 2000, is discharged. D-2210 IN THE MATTER OF DISBARMENT OF THOMAS M. SIMMONS Thomas M. Simmons, of Boston, Massachusetts, having been suspended from the practice of law in this Court by order of November 6, 2000; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Thomas M. Simmons is disbarred from the practice of law in this Court. D-2231 IN THE MATTER OF DISBARMENT OF TIMOTHY B. McFLYNN Timothy B. McFlynn, of Aspen, Colorado, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. RECESS ORDER The Court will take a recess from Monday, January 22, 2001, until Tuesday, February 20, 2001. 11 12