No.

201PA12-2

TENTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
**************************************

MARGARET DICKSON, et al.,

Plaintiffs,

)
)
)
v.
)
)
ROBERT RUCHO, et al.,
)
Defendants.
)
)
NORTH CAROLINA STATE
)
CONFERENCE OF BRANCHES OF )
THE NAACP, et al.,
)
Plaintiffs,
)
)
v.
)
)
THE STATE OF NORTH
)
CAROLINA, et al.,
)
)
Defendants.
)

From Wake County

11 CVS 16896
11 CVS 16940
(Consolidated)

******************************************************************
PLAINTIFFS MOTION FOR EXPEDITED SCHEDULE ON REMAND
******************************************************************
By Order dated 20 April 2015, copy attached, the United States Supreme
Court granted Plaintiffs certiorari petition in these consolidated cases, vacated this
Courts 19 December 2014 decision, and remanded these cases to this Court for
reconsideration consistent with the 25 March 2015 decision of the United States

-2-

Supreme Court in Alabama Legislative Black Caucus v Alabama, 135 S. Ct. 1257
(2015).
Plaintiffs now respectfully move the Court to establish an expedited
schedule for resolving these cases on remand that is designed reasonably to assure
that the 2016 legislative and congressional elections are held under valid and
lawful redistricting plans. In support of this request, Plaintiffs show the Court:
1.

The issue before the Court on remand is whether the North Carolina
General Assembly engaged in racial gerrymandering in enacting the
legislative and congressional districts challenged in these lawsuits in
violation of the rights of all North Carolinians under the Fourteenth
Amendment Equal Protection Clause of the United States
Constitution.

2.

Prompt and proper resolution of this issue is of surpassing importance

to the State and its citizens. As Justice Scalia observed just three
weeks ago: Racial gerrymandering strikes at the heart of our
democratic process, undermining the electorates confidence in its
government as representative of a cohesive body politic in which all
citizens are equal before the law. Id., Dissent Slip. Op. at 2 (Scalia, J.
dissenting).

3.

Plaintiffs filed these lawsuits challenging 26 election districts as racial

gerrymanders on 3 and 4 November 2011, immediately upon the
effective date of the legislative redistricting. They have pressed hard
for reliefand without any delayat every stage of the litigation,
including efforts to secure a preliminary injunction against holding
2012 elections using the challenged districts. It is now more than three
years and five months and two general elections later. In 2012 and
2013, legislators elected from these suspect districts participated in the
enactment of 752 separate laws affecting every aspect of the lives of

-3-

every North Carolinian. These suspect districts were also used for the
2014 general elections, and legislators elected from these suspect
districts are again participating in the enactment of laws affecting
every aspect of the lives of every North Carolinian. During the entire
2014 election cycle, these matters were pending before this Court
without any action. This Court held oral arguments on these matters
on 6 January 2014, but did not issue its decision until 19 December
2014, after the 2014 elections.
4.

In the Alabama decision, the United States Supreme Court reversed

the decision of a three-judge federal district court that had rejected
claims by Alabama citizens that legislative districts drawn by the
Alabama Legislature were unconstitutional racial gerrymanders. In
almost exactly the same way as the North Carolina General Assembly,
the Alabama Legislature expressly adopted and applied a policy of
prioritizing mechanical racial targets above all other redistricting
criteria. Slip Op. at 10.

5.

In light of the United States Supreme Court decision in the Alabama

case and the remand in this case, this Courts 19 December 2014
decision is flawed in at least five major respects.
First, the United States Supreme Courts Alabama decision
establishes that the trial court here correctly concluded that race
was the dominant factor used to draw the challenged Senate,
House, and Congressional Districts. Indeed, under the Supreme
Courts decision, there is no reasonable basis to conclude that
race was not the predominant factor used by the North Carolina
General Assembly in drawing the challenged districts.
Second, the decision establishes that North Carolinas Section 5
justification for its race-based actions is invalid, unfounded, and
unsupported by the text of Section 5.
Third, the decision establishes that even if North Carolina had a
compelling Section 5 justification for its race-based actions, it

-4-

failed to narrowly tailor the challenged districts to conform to

any such justification.
Fourth, the decision and the remand in these cases strongly
suggest that North Carolinas Section 2 justification for its racebased actions is also invalid and unfounded and unsupported by
the text of Section 2.
Fifth, the decision and the remand strongly suggest that even if
North Carolina had a compelling Section 2 justification for its
race-based actions, it failed to narrowly tailor the challenged
districts to conform to any such justification.
6.

As it turns out, the districts challenged in these lawsuitsdesigned in

the words of this Court to inoculate the State against liability under
the Voting Rights Actare in fact infected with an unconstitutional
virus. As Justice Scalia observed, that virus strikes at the heart of the
democratic process and undermines the publics confidence in the
democratic process. Id., Dissent Slip. Op. at 2 (Scalia, J. dissenting).

7.

Plaintiffs and all North Carolinians have a basic and fundamental

right to have their representatives elected from valid and lawful
districts and to have laws enacted on their behalf by a General
Assembly not illegally constituted.

8.

This Court should exercise its authority under Rule 2 of the Rules of
Appellate Procedure to assure that the validity of these suspect
districts is finally determined by this Court in time for new districts to
be enacted for the 2016 elections if necessary.

9.

The Stephenson litigation in 2002, 355 N.C. 354, 562 S.E.2d 377
(2002) (Stephenson I), shows that this Court has the capacity to see
that such challenges can be resolved in a relatively short time. In that
case, there were elaborate legislative and judicial actions that lasted
only five months total. Under scheduling orders issued by this Court
under Rule 2, the validity of redistricting legislation enacted by the
General Assembly and the validity of substitute plans adopted by the

-5-

trial court were briefed, argued, and decided in a period of five

months. On 20 February 2002, the trial court held that redistricting
laws enacted by the General Assembly were invalid; on 30 April
2002, this Court affirmed that decision; on 10 May 2002, the General
Assembly enacted new laws; on 31 May 2002, the trial court held that
the General Assemblys substitute laws were also invalid and adopted
its own redistricting plans; and on 16 July 2002, this Court upheld the
trial courts order and its plans.
10.

Applying the same sense of urgency to the circumstances of these

cases, Plaintiffs propose the following schedule for adoption:
27 April 2015: Defendants respond to this motion;
8 May 2015: the parties file simultaneous briefs addressing
whether remand is necessary and any issues identified by the
Court;
15 May 2015: any response briefs are filed; and
No later than 1 June 2015: the Court decides whether remand is
necessary and establishes an appropriate schedule.
If remand is necessary, Plaintiffs propose the following
schedule:
No later than 28 August 2015: the trial court is directed to
conduct necessary proceedings on prescribed issues and to
resolve those issues;
If an appeal follows:
No later than 18 September 2015: a supplemental record
on any appeal is filed;
No later than 16 October 2015: appellants briefs are
filed;

-6-

No later than 23 October 2015: appellees briefs are filed;

and
Week of 26 October 2015: oral arguments held.
If remand is not necessary, Plaintiffs propose the following
schedule:
5 June 2015: initial supplemental briefs simultaneously filed
in this Court;
19 June 2015: any reply briefs filed; and
Oral argument held as soon after the completion of briefing
as practicable.
Wherefore, in the interest of justice, in order to protect the confidence of
citizens in the democratic process, and in order to protect the rights of all North
Carolinians, Plaintiffs respectfully move the Court to adopt an expedited schedule
on remand of these cases from the United States Supreme Court designed
reasonably to assure that the 2016 legislative and congressional elections are held
under lawful, valid plans.
This the 20th day of April, 2015.

-7-

POYNER SPRUILL LLP

By: /s/ Edwin M. Speas, Jr.
Edwin M. Speas, Jr.
N.C. State Bar No. 4112
espeas@poynerspruill.com
P.O. Box 1801
Raleigh, NC 27602-1801
Telephone: 919.783.6400
Facsimile: 919.783.1075
COUNSEL FOR PLAINTIFFSAPPELLANTS THE DICKSON
PLAINTIFFS
N.C. R. App. P. 33(b) Certification:
I certify that all of the attorneys listed
below have authorized me to list their
names on this document as if they had
personally signed it.

-8-

POYNER SPRUILL LLP

By: /s/ John W. OHale

John W. OHale
N.C. State Bar No. 35895
johale@poynerspruill.com
By: /s/ Caroline P. Mackie
Caroline P. Mackie
N.C. State Bar No. 41512
cmackie@poynerspruill.com
P.O. Box 1801
Raleigh, NC 27602-1801
Telephone: 919.783.6400
Facsimile: 919.783.1075
COUNSEL FOR PLAINTIFFSAPPELLANTS THE DICKSON
PLAINTIFFS

-9-

SOUTHERN COALITION FOR

SOCIAL JUSTICE
By: /s/ Anita S. Earls
Anita S. Earls
N.C. State Bar No. 15597
anita@southerncoalition.org
By: /s/ Allison Riggs
Allison Riggs
N.C. State Bar No. 40028
AllisonRiggs@southerncoalition.org
1415 Highway 54, Suite 101
Durham, NC 27707
Telephone: (919) 323-3380
Facsimile: (919) 323-3942
COUNSEL FOR PLAINTIFFSAPPELLANTS THE NAACP
PLAINTIFFS
TIN FULTON WALKER &
OWEN, PLLC
By: /s/ Adam Stein
Adam Stein
N.C. State Bar No. 4145
astein@tinfulton.com
312 West Franklin Street
Chapel Hill, NC 27516
Telephone: (919) 240-7089
Facsimile: (919) 240-7822
COUNSEL FOR PLAINTIFFSAPPELLANTS THE NAACP
PLAINTIFFS

- 10 -

CERTIFICATE OF SERVICE
The undersigned hereby certifies that this day a copy of the foregoing
PLAINTIFFS MOTION FOR EXPEDITED SCHEDULE ON REMAND has
been duly served by e-mail and by depositing a copy thereof in an envelope
bearing sufficient postage in the United States mail, addressed to the following
persons at the following addresses, which are the last addresses known to me:
Alexander M. Peters
Special Deputy Attorney General
Office of the Attorney General
P.O. Box 629
Raleigh, NC 27602
apeters@ncdoj.gov
snichols@ncdoj.gov

Thomas A. Farr
Phillip J. Strach
Ogletree, Deakins, Nash, Smoak &
Stewart, P.C.
4208 Six Forks Road, Suite 1100
Raleigh, NC 27602
thomas.farr@ogletreedeakins.com
phillip.strach@ogletreedeakins.com

Counsel for Defendants

Counsel for Legislative Defendants
Rucho, Lewis, Dollar, Dockham,
Berger, and Tillis
This the 20th day of April, 2015.

/s/ Edwin M. Speas, Jr.

Edwin M. Speas, Jr.

Attachment

Copy of United States Supreme Courts

Order List of 20 April 2015

(ORDER LIST: 575 U. S.)

MONDAY, APRIL 20, 2015

CERTIORARI -- SUMMARY DISPOSITIONS

14-839

DICKSON, MARGARET, ET AL. V. RUCHO, ROBERT, ET AL.

The petition for a writ of certiorari is granted.

The

judgment is vacated, and the case is remanded to the Supreme

Court of North Carolina for further consideration in light of
Alabama Legislative Black Caucus v. Alabama, 575 U. S. ___
(2015).
14-976

CSR PLC, ET AL. V. AZURE NETWORKS, LLC, 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 Federal Circuit for further
consideration in light of Teva Pharmaceuticals USA, Inc., v.
Sandoz, Inc., 574 U. S. ___ (2015).
ORDERS IN PENDING CASES
14A632

WARNER, ADELBERT H. V. UNITED STATES

The application for a certificate of appealability addressed
to Justice Kennedy and referred to the Court is denied.

14M105

LYON, LeFLORIS V. WISE CARTER CHILD, ET AL.

The motion for leave to file a petition for a writ of
certiorari with the supplemental appendix under seal is
granted.

14M106

INOUE, YURI V. BD. OF TRUSTEES, FL A&M UNIV.

The motion to direct the Clerk to file a petition for
a writ of certiorari out of time under Rule 14.5 is denied.

14M107

IN RE ROSSI M. POTTS
The motion for leave to proceed as a veteran is granted.

14-5939

CREDICO, JUSTIN M. V. CEO SIEMENS, ET AL.

14-7509

STEINER, EDWARD R. V. JONES, SEC., FL DOC, ET AL.

14-7514

STEINER, EDWARD R. V. JONES, SEC., FL DOC, ET AL.

14-7743

GORBEY, MICHAEL S. V. MONONGALIA COUNTY, WV, ET AL.

The motions of petitioners for reconsideration of orders
denying leave to proceed in forma pauperis are denied.

14-7955

GLOSSIP, RICHARD E., ET AL. V. GROSS, KEVIN J., ET AL.

The motion of petitioners for leave to file Volume II of
the joint appendix under seal with redacted copies for the
public record is granted.

14-8355

CLEWIS, ROSE M. V. MEDCO HEALTH SOLUTIONS, INC.

14-8413

SMITH, NARY V. ST. MARTINVILLE, LA

14-8491

WHITE, BRENDA V. SOUTHEAST MI SURGICAL, ET AL.

14-8617

HORSELEY, TARRIA M. V. UNIVERSITY OF ALABAMA, ET AL.

14-8840

GUARASCIO, JOSEPH M. V. UNITED STATES

14-8976

GILMORE, ARTHUR V. UNITED STATES

The motions of petitioners for leave to proceed in forma
pauperis are denied. Petitioners are allowed until May 11, 2015,
within which to pay the docketing fees required by Rule 38(a) and
to submit petitions in compliance with Rule 33.1 of the Rules of
this Court.
CERTIORARI DENIED

14-534

GUPTA, RAJAT K. V. UNITED STATES

14-668

SWEENEY, JON H. V. UNITED STATES

14-728

TORRESSO, JAY, ET AL. V. TEREBESI, RONALD

14-777
14-1011

)
)
)

CARDONA, LILIANA M., ET AL. V. CHIQUITA BRANDS INT'L, ET AL.

DOES 1-144, ET AL. V. CHIQUITA BRANDS INT'L, ET AL.

14-781

UNITED STATES V. CMS CONTRACT MANAGEMENT, ET AL.

14-792

WISCONSIN, ET AL. V. LAC COURTE OREILLES BAND, ET AL.

14-798
14-7954

)
)
)

McLAURIN, DEANGELO V. UNITED STATES

LOWERY, NICHOLAS V. UNITED STATES

14-850

BECTON, DICKINSON AND CO. V. RETRACTABLE TECHNOLOGIES, ET AL.

14-858

LVNV FUNDING, ET AL. V. CRAWFORD, STANLEY

14-864

HILLCREST PROPERTY, LLP V. PASCO COUNTY, FL

14-866

BRILEY, JAY B. V. UNITED STATES

14-946

MACON, VERLEAN E. V. J.C. PENNEY COMPANY

14-952

VONG, CINDY, ET AL. V. AUNE, DONNA

14-974

DUBLIN EYE ASSOCIATES, ET AL. V. MA MUTUAL LIFE INS. CO., ET AL.

14-977

BRYANT, WAYNE V. DASILVA, ANTHONY

14-978

EON CORP. IP HOLDINGS V. APPLE INC., ET AL.

14-984

TRAYLOR, JOHNNY V. HOWARD, KIRSTEN M., ET AL.

14-987

CENTRAL STATES, HEALTH, ET AL. V. GERBER LIFE INSURANCE, ET AL.

14-993

THOMAS, AMY L. V. LOUISIANA

14-1001

LITCHFIELD HISTORIC, ET AL. V. CHABAD LUBAVITCH, ET AL.

14-1022

PARTINGTON, EARLE A. V. HOUCK, JAMES W., ET AL.

14-1034

SCHMUDE, JOSHUA A. V. TEXAS

14-1041

BROOKS, CHARLES V. SC COMM'N OF INDIGENT DEFENSE

14-1048

NATIONAL ORG. FOR MARRIAGE V. GEIGER, DEANNA L., ET AL.

14-1054

SANTOMENNO, DANIELLE, ET AL. V. JOHN HANCOCK LIFE INS., ET AL.

14-1067

GROVES, NANCY, ET AL. V. BAC HOME LOANS SERVICING

14-1075

JARBO, RAAD, ET UX. V. BANK OF NEW YORK MELLON

14-1086

FOSTER, STEVEN J. V. STATE BAR OF CA

14-1089

ZINSTEIN, ALAN, ET AL. V. UNITED STATES

14-1107

O'SHELL, GLORIA K. V. CLINE, MICHAEL B., ET AL.

14-1108

YUFA, ALEKSANDR L. V. TSI, INC.

14-1109

LOWE, HARRY D. V. DANIELS, WARDEN

14-1117

PASTERNAK, LEE G. V. CALIFORNIA

14-1125

BOTELLO, JENNIFER M., ET AL. V. CHRISTUS SANTA ROSA HEALTH CARE

14-1126

BETSINGER, STEVEN M. V. D.R. HORTON, INC., ET AL.

14-1135

WRIGHT, THOMAS L. V. UNITED STATES

14-1162

CANTRELL, HARRY E. V. CIR

14-7059
14-7386

)
)
)

SMITH, DONALD F. V. CALIFORNIA

WHEELER, LEROY V. CALIFORNIA

14-7119

HERNANDEZ, JOSE R. V. HOLDER, ATT'Y GEN.

14-7376

CLAYTON, DANE E. V. NEW YORK CITY TAXI & LIMOUSINE

14-7553

COOPER, KAREN V. COOPER, GEORGE R.

14-7909

MARINOV, MILEN V. UNITED STATES

14-7977

HUNT, GREGORY V. DUNN, COMM'R, AL DOC

14-7996

M. M. R. V. COLORADO

14-8003
14-8550

)
)
)

HOPPER, ROBERT W. V. UNITED STATES

DUNN, TIMOTHY S. V. UNITED STATES

14-8303

EATON, YVONNE V. UNITED STATES

14-8338

WILLIAMS, CLYDE B. V. CIRCUIT COURT OF WI, ET AL.

14-8354

CURRIE, ANNE L. V. MISSOURI

14-8360

BENNERMAN, IRVING V. UNITED STATES

14-8365

LEARY, FRANCIS V. STEPHENS, DIR., TX DCJ, ET AL.

14-8367

PERRY, ADAM L. V. ENTERTAINMENT ONE, ET AL.

14-8368

POPE, LAMONE R. V. PUB. DEF. OFFICE, CRAWFORD CTY.

14-8372

EADY, LAMAR V. UNITED STATES

14-8375

ALLEN, DARNELL V. ILLINOIS

14-8376

BENEDETTO, CHRISTOPHER J. V. BROADHEAD, WARDEN, ET AL.

14-8382

MOSES, ELNORA V. TX WORKFORCE COMMISSION, ET AL.

14-8383

REINARD, DONALD W. V. NEW YORK

14-8385

PRICE, CHARLES B. V. MITCHELL, SUPT., OLD COLONY

14-8390

THORNTON, RICHARD B. V. BUTLER, DWIGHT, ET AL.

14-8395

QUILLING, STEVEN M. V. ARNOLD, ACTING WARDEN

14-8403

McGUIRE, TOMMY R. V. JONES, SEC., FL DOC, ET AL.

14-8404

PERRY, RONNEY D. V. NEBRASKA

14-8406

WILLIAMS, SAMUEL H. V. RUSSELL, WARDEN

14-8408

McKISSICK, RODERICK V. DEAL, GOV. OF GA, ET AL.

14-8409

WARD, JOSEPH L. V. PRICE, WARDEN

14-8411

REYNA, OSCAR J. V. STEPHENS, DIR., TX DCJ

14-8414

MARTINS, JUSTINO V. KERESTES, SUPT., MAHANOY, ET AL.

14-8416

CARRASCO, ROBERT V. CALIFORNIA

14-8418

ADAMS, VANDALVEN V. JONES, SEC., FL DOC, ET AL.

14-8419

TAYLOR, EDWARD L. V. ILLINOIS

14-8422

MERMER, SEAN V. CALIFORNIA

14-8424

JONES, JAMES E. V. VIRGINIA

14-8425

SANCHEZ, EBER E. V. SHANAHAN, KIERAN J., ET AL.

14-8428

LOGAN, JAMES D. V. CALIFORNIA

14-8429

TONEY, JAMES I. V. HAKALA, MICHAEL, ET AL.

14-8431

RICHARDSON, ALMA V. TX WORKFORCE COMMISSION, ET AL.

14-8438

PERRY, BASIL V. WOODS, WARDEN

14-8439

CLARK, ANTHONY V. THOMPSON, INTERIM WARDEN

14-8440

DAVIS, CHARLES T. V. CALIFORNIA

14-8441

MARTS, SIDNEY V. BELL, FRANK, ET AL.

14-8443

JOHNSON, GLEN M. V. ARNOLD, WARDEN

14-8446

TWILLIE, TERRI N. V. ERIE SCHOOL DISTRICT, ET AL.

14-8447

TACKETT, GENERAL V. KENTUCKY

14-8448

WALTERS, ROBERT K. V. CALIFORNIA

14-8451

MEJIA, DINO C. V. STEPHENS, DIR., TX DCJ

14-8457

SITTERLY, DAVID V. ILLINOIS

14-8461

NESBIT, CLARENCE V. TENNESSEE

14-8466

KENNARD, JOHN V. ASHLAND, KY, ET AL.

14-8471

BOLTON, ERIC L. V. CAIN, WARDEN

14-8477

WALKER, RODERIC V. U.S. BANK NATIONAL ASSN., ET AL.

14-8478

TRUSTY, JAMES V. VIRGINIA

14-8479

TANNER, ALPHONSO T. V. FLORIDA

14-8480

BELTRAN, JAIME E. V. McDOWELL, ACTING WARDEN

14-8484

MORRIS, DEREK L. V. ZATECKY, SUPT., PENDLETON

14-8487

LACOY, JAMES V. IAC

14-8497

STRAND, RICHARD L. V. FOULK, WARDEN

14-8498

MARTINEZ, GILBERT V. BROWN, RICHARD, ET AL.

14-8503

SPECKMAN, STEPHEN H. V. TEXAS

14-8509

JACKSON, WILLIAM F. V. CLARKE, DIR., VA DOC

14-8511

HARRIS, JEFFERY J. V. COLVIN, ACTING COMM'R, SOC. SEC.

14-8525

HARPER, CEDEAL T. V. BALLARD, WARDEN

14-8527

KINNEY, WILLIAM V. OREGON

14-8529

LESTER, JAMES V. LOGAN'S ROADHOUSE, INC.

14-8532

LARSON, HOLLIS V. MINNESOTA

14-8543

HUANG, DONGSHENG V. ULTIMO SOFTWARE SOLUTIONS, INC.

14-8548

OLSON, JEFFREY E. V. POLLARD, WARDEN

14-8551

YOUNG, CHRISTOPHER V. GLUNT, SUPT., ROCKVIEW, ET AL.

14-8553

WALTON, GEARY W. V. RYAN, DIR., AZ DOC, ET AL.

14-8562

LEPRE, GERALD V. LUKUS, PAUL, ET AL.

14-8564

RILEY, MICHAEL V. MASSACHUSETTS

14-8571

JOHNSON, BONNIDE V. FOLKS, SHARON, ET AL.

14-8579

O'DOWD, JOHN K. V. LOUISIANA

14-8588

STEWART, THOMAS V. RYAN, DIR., AZ DOC, ET AL.

14-8592

ROSS, DENNY F. V. OHIO

14-8596

SHELEY, NICHOLAS T. V. ILLINOIS

14-8597

ALEXANDRETTE, JAMEL V. McFADDEN, WARDEN

14-8603

SMITH, TIMOTHY L. V. ALLISON, WARDEN, ET AL.

14-8606

BARKER, RANDY K. V. UNITED STATES

14-8613

SMITH, CARLOS R. V. FLORIDA

14-8634

TROTTER, MOSES A. V. CLARKE, DIR., VA DOC

14-8637

AVILA, HECTOR V. KEMPF, DIR., ID DOC, ET AL.

14-8650

RUSSO, MICHAEL R. V. IDAHO

14-8657

SHATLAW, NICHOLAS J. V. OREGON

14-8671

BENTON, DAVID L. V. CLARK COUNTY JAIL, ET AL.

14-8685

FREEMAN, SAMUEL V. KOSTER, ATT'Y GEN. OF MO, ET AL.

14-8688

MITCHELL, GREGORY E. V. UNITED STATES

14-8689

LAWNIK, GREGORY V. NEW JERSEY

14-8691

SULLIVAN, DWIGHT F. V. CARTLEDGE, WARDEN

14-8698

BOTTORFF, LOUIS V. JONES, SEC., FL DOC

14-8699

LEWIS, RAY C. V. DAVEY, ACTING WARDEN

14-8701

SANFORD, MICHAEL V. PENNSYLVANIA

14-8703

GRIFFITH, HOWARD V. NEW YORK

14-8706

NIA, AKANBI V. OHIO

14-8711

KATSIPIS, LAMBROS V. UNITED STATES

14-8713

TURNER, RICKY L. V. PORTER, CORPORAL

14-8714

SWARTZWELDER, GARRY D. V. FISHER, SUPT., SMITHFIELD

14-8718

DORSEY, MICHAEL V. MARYLAND

14-8719

SHAW, RUFUS R. V. MACOMBER, WARDEN

14-8721

ABDULLAH, MUHAMMED M. V. UNITED STATES

14-8722

BOYKIN, DONCEY F. V. UNITED STATES

14-8723

BERG, JEREMIAH S. V. UNITED STATES

14-8724

SYKES, WILLIAM V. UNITED STATES

14-8725

SANCHEZ-LARITA, HOMERO E. V. UNITED STATES

14-8726

BOOKER, DEMARIO K. V. UNITED STATES

14-8730

KING, JAMES H. V. UNITED STATES

14-8742

DAVIS, BERNARD C. V. UNITED STATES

14-8745

WOODS, JAMES J. V. UNITED STATES

14-8750

GEWIN, BARRY W. V. UNITED STATES

14-8752

GREEN, LEROY J. V. UNITED STATES

14-8771

McCAFFERTY, JOHN P., ET UX. V. WELLS FARGO BANK

14-8772

TSOA, GING-HWANG V. UNITED STATES

14-8776

BEST, COLECO T. V. NORTH CAROLINA

14-8784

LEE, DANIEL V. UNITED STATES

14-8786

OKEAYAINNEH, JULIAN V. UNITED STATES

14-8787

CISNEROS, JOSHUA V. UNITED STATES

14-8788

ZAVALA-AMADOR, GERARDO V. UNITED STATES

14-8789

DURON-ROSALES, WILLY J. V. UNITED STATES

14-8790

BANNER, JOSEPH V. UNITED STATES

14-8794

FOSTER, CHESTON V. UNITED STATES

14-8795

CRUZ, SHANE V. UNITED STATES

14-8797

HALBERT, CLINTON L. V. UNITED STATES

14-8798

GUEVARA, RICARDO A. V. UNITED STATES

14-8801

HILL, PHILLIP E. V. UNITED STATES

14-8802

GRAYSON, ERIC V. UNITED STATES

14-8803

GARNER, VINCENT L. V. UNITED STATES

14-8810

JOHANSEN, SETH V. MAINE

14-8813

ROLON-RAMOS, RAFAEL V. UNITED STATES

14-8814

BELL, RAYMOND L. V. UNITED STATES

14-8816

MITCHELL, CALVIN D. V. UNITED STATES

14-8817

COGSWELL, ED V. UNITED STATES

14-8821

COLLINS, DWAINE A. V. UNITED STATES

14-8829

RANIERI, ALBERT M. V. UNITED STATES

14-8830

ESTEVEZ, ALEXIS V. UNITED STATES

14-8832

LAGRONE, SHERYL D. V. UNITED STATES

14-8836

STRONG, BENTON V. UNITED STATES

14-8838

ALLEN, PHILLIP V. UNITED STATES

14-8841

McKINNEY, COREY M. V. UNITED STATES

14-8843

PRAT, LAZARO V. UNITED STATES

14-8845

ESQUIVEL, HERIBERTO V. UNITED STATES

14-8852

LUMPKIN, AARON A. V. UNITED STATES

14-8854

HESTER, JOSHUA J. V. UNITED STATES

14-8855

HARMON-WRIGHT, DANIEL W. V. VIRGINIA

14-8857

BONG, TROY A. V. UNITED STATES

14-8862

COAXUM, WILLIAM V. SOUTH CAROLINA

14-8863

DEBOLT, GARY R. V. UNITED STATES

14-8865

SINGH, JARED K. V. UNITED STATES

14-8866

KELLY, MARCUS B. V. UNITED STATES

14-8870

MURRAY, CLIFFORD V. WENEROWICZ, SUPT., GRATERFORD

14-8876

WILLIAMS, MICHAEL D. V. UNITED STATES

14-8877

WADE, LAWRENCE V. UNITED STATES

14-8879

PHILLIPS, DAVID N. V. UNITED STATES

14-8880

GRANT, O'DEAN M. V. UNITED STATES

14-8882

HERNANDEZ, OSCAR V. UNITED STATES

14-8883

SMARR, ANTORIO R. V. NORTH CAROLINA

14-8885

COX, WILLIAM A. V. UNITED STATES

14-8888

FLORES, ALEJANDRO V. UNITED STATES

14-8895

GOMEZ-PERALES, MANUEL F. V. UNITED STATES

14-8896

GRAVES, MARIO A. V. UNITED STATES

14-8898

BURTTON, TAFT V. UNITED STATES

14-8900

ACOSTA-GONZALEZ, LEDIAN V. UNITED STATES

14-8901

BUTLER, ANTHONY V. UNITED STATES

14-8902

RAMEY, RYAN R. V. TRAXLER, CHIEF JUDGE, ET AL.

14-8904

REED, ARTHUR V. GAVIN, SUPT., WAYMART, ET AL.

14-8905

TUCKER, CHRISTOPHER J. V. UNITED STATES

14-8906

WALKER, STEPHEN S. V. UNITED STATES

14-8910

OWENS, DANE D. V. UNITED STATES

14-8914

CUEVAS, WILTON J. V. UNITED STATES

14-8917

SULLIVAN, CYRUS A. V. UNITED STATES

14-8924

KENNEDY, SHAMON V. UNITED STATES

14-8925

THOMAS, PATRICK C. V. UNITED STATES

14-8928

GAINES, DONAZE V. UNITED STATES

14-8930

FERRUFINO-RODRIGUEZ, LUIS A. V. UNITED STATES

14-8933

OLIVER, COREY V. UNITED STATES

14-8938

FIELDS, TYRONE S. V. UNITED STATES

14-8939

GRINER, RICHOL V. UNITED STATES

14-8940

INZANO, ROBERT A. V. UNITED STATES

14-8942

FULFORD, DAVID C. V. UNITED STATES

14-8944

HILL, ANTOINE M. V. UNITED STATES

14-8946

HOON, KENNETH V. UNITED STATES

14-8952

WILLIAMS, LARRY V. CARTLEGE, WARDEN, ET AL.

14-8953

WARE, LATRON R. V. UNITED STATES

14-8955

VISHNEVETSKY, DIMITRY V. UNITED STATES

14-8959

KING, CLEMENT D. V. UNITED STATES

10

14-8960

LARRIMORE, JOSHUA G. V. UNITED STATES

14-8963

BROWNLEE, DEREK T. V. UNITED STATES

14-8968

GASTELUM-CAMPA, FRANCISCO V. UNITED STATES

14-8971

SUDDUTH, JONATHAN M. V. UNITED STATES

14-8972

ROUSE, MICHAEL W. V. UNITED STATES

14-8973

SANABRIA-ARCHIGA, IVAN V. UNITED STATES

14-8974

EALY, LANCE V. USDC SD OH

14-8981

FLOWERS, WILLIAM A. V. UNITED STATES

14-8985

BATTLE, DELVONN V. UNITED STATES

14-8996

PEREZ, GINO V. UNITED STATES

14-8999

ROBINSON, LEON V. UNITED STATES

14-9000

GIBBONS, JOHN E. V. UNITED STATES

14-9001

MARTIN, DAVID J. V. UNITED STATES

14-9005

BALDWIN, EARL V. UNITED STATES

14-9010

WADE, ROCCI V. UNITED STATES

14-9015

COLEMAN, PARKER A. V. UNITED STATES

14-9017

MENDEZ, FIDEL A. V. UNITED STATES

14-9021

VIGIL, OSCAR A. V. UNITED STATES

14-9034

BARSOUM, IHAB S. V. UNITED STATES

14-9037

CASTRO-CAICEDO, GUSTAVO V. UNITED STATES

The petitions for writs of certiorari are denied.

14-804

GAINES, ENYKA M., ET AL. V. FHLM, ET AL.

The motion of Michigan Legal Services, et al. for leave to
file a brief as amici curiae is granted.

The petition for a

writ of certiorari is denied.

14-965

AHMAD, NIZAM V. INTERNATIONAL BUSINESS MACHINES

The petition for a writ of certiorari is denied.

Justice

Breyer took no part in the consideration or decision of this

11

petition.
14-969

LANDERS, GREG V. QUALITY COMMUNICATIONS, INC.

The motion of Civil Procedure Law Professors for leave to
file a brief as amici curiae is granted. The petition for a writ
of certiorari is denied.

14-1039

FLORIDA V. TEAMER, KERRICK V.

The motion of respondent for leave to proceed in forma
pauperis is granted.

The petition for a writ of certiorari

is denied.
14-8189

SCOTT, CHRISTIE M. V. ALABAMA

14-8194

LOCKHART, COURTNEY L. V. ALABAMA

The petitions for writs of certiorari are denied.

Justice

Breyer and Justice Sotomayor dissent.

14-8499

MANKO, NELLA V. LENOX HILL HOSPITAL

The motion of petitioner for leave to proceed in forma
pauperis is denied, and the petition for a writ of certiorari is
dismissed.

14-8508

See Rule 39.8.

KING, WILLIAM V. McDONNELL, SHERIFF

The motion of petitioner for leave to proceed in 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).

12

14-8694

PAKES, MILAN P. V. FRAUENHEIM, WARDEN

The petition for a writ of certiorari is denied.

Justice

Breyer took no part in the consideration or decision of this

petition.
14-8734

CLEAVER, JAMES F. V. MAYE, WARDEN

14-8835

BEANE, JAY V. UNITED STATES

The petitions for writs of certiorari are denied.

Justice

Kagan took no part in the consideration or decision of these

petitions.
14-8886

FULLER, SHELDON V. UNITED STATES

The petition for a writ of certiorari is denied.

Justice

Sotomayor took no part in the consideration or decision of this

petition.
14-8931

SHELTON, MONTY M. V. UNITED STATES

The motion of petitioner for leave to proceed in forma
pauperis is denied, and the petition for a writ of certiorari is
dismissed.

See Rule 39.8.

Justice Kagan took no part in the

consideration or decision of this motion and this petition.

14-9022

TRAN, LAN NGOC V. UNITED STATES

The petition for a writ of certiorari is denied.

Justice

Sotomayor took no part in the consideration or decision of this

petition.
HABEAS CORPUS DENIED
14-9119

IN RE JORGE ORNELAS

14-9124

IN RE TERRY CONDREY
The petitions for writs of habeas corpus are denied.

14-9026

IN RE VERNON TATUM
The motion of petitioner for leave to proceed in forma

13

pauperis is denied, and the petition for a writ of habeas corpus

is dismissed.

See Rule 39.8.

MANDAMUS DENIED

14-963

IN RE WILLIAM H. WYTTENBACH

14-8435

IN RE VERRINA M. SHIELDS BEY

The petitions for writs of mandamus are denied.
REHEARINGS DENIED

12-9941

ANDERSON, JOHN T. V. PRIVATE CAPITAL GROUP, ET AL.

14-644

WILLIS, DERRICK L. V. VIRGINIA, ET AL.

14-822

ANORUO, JOSEPH C. V. McDONALD, SEC. OF VA

14-919

NATIVE WHOLESALE SUPPLY V. OKLAHOMA, EX REL. PRUITT

14-5500

FOURSTAR, VICTOR C. V. DECON, JACQUELINE, ET AL.

14-5501

FOURSTAR, VICTOR C. V. FARLEY, WARDEN

14-6822

GOINGS, JOSEPH V. SUMNER COUNTY, ET AL.

14-6988

McGHEE, GEORGE V. USDC SD MS, ET AL.

14-7152

MAY, SAMUEL J. V. AMGEN, INC.

14-7244

SHAO, LINDA V. WANG, TSAN-KUEN

14-7293

WILCOX, DARIOUS V. FLORIDA

14-7395

MARROQUIN, ARMANDO V. MACDONALD, WARDEN

14-7424

TAYLOR, JACQUELINE L. V. VIRGINIA

14-7520

EVERETT, RON C. V. BARROW, WARDEN

14-7545

RAMOS, MARTINO V. FL DOC

14-7577

IN RE MARVIN B. SMITH, III, ET UX.

14-7580

IN RE THOMAS BOWLES, III

14-7659

VU, NGUYEN V. EVERS, JOSEPH H.

14-7673

IN RE ALAN L. McDONALD

14-7734

PRICE, CHANDRA D. V. BURWELL, SEC. OF H&HS

14-7747

HOWARD, ERIC B. V. CORRECTIONS CORP. OF AMERICA

14

14-7784

PERRY, ETHEL L. V. McDONALD, SEC. OF VA

14-7865

BOWLING, JOHN R. V. APPALACHIAN FEDERAL CREDIT UNION

14-7924

MILLIS, MICHAEL V. CROSS, WARDEN

14-7927

PERRY, RAYMOND L. V. UNITED STATES

14-7978

SESSON, DENISE V. TUSCALOOSA, AL

14-8233

SAEKU, SOMSAK V. UNITED STATES

The petitions for rehearing are denied.

14-7637

HERNANDEZ, TODD A. V. UNITED STATES

The petition for rehearing is denied.

Justice Kagan took no

part in the consideration or decision of this petition.

14-7023

IN RE BRENDIA JOYCIA FORD

The motion for leave to file a petition for rehearing is
denied.

15