Text File

(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

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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

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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).

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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.

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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.

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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

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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

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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

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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

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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.

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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.

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