jnl05$ind1—10-04-06 12:45:19 jnlindpgt milespaid in forma original totalpauperis cases cases...

JNL05$IND1—10-04-06 12:45:19 JNLINDPGT MILES

OCTOBER TERM 2005

Reference Index

Contents: Page

Statistics ....................................................................................... IIGeneral .......................................................................................... IIIAppeals ......................................................................................... IIIApplications ................................................................................. IIIArguments ................................................................................... IIIAttorneys ...................................................................................... IVBriefs ............................................................................................. IVCertiorari ..................................................................................... IVCosts .............................................................................................. VGranted Cases ............................................................................. VMotions ......................................................................................... VOpinions ........................................................................................ VIOriginal Cases ............................................................................. VIIRehearing ..................................................................................... VIIRules ............................................................................................. VIIStays .............................................................................................. VIIConclusion .................................................................................... VII

(I)


II

STATISTICS AS OF JUNE 30, 2006

In FormaPaidOriginal TotalPauperisCasesCases

Number of cases on docket..................... 8 2025 7575 9608

Cases disposed of...................................... 4 1679 6526 8209

Remaining on docket ............. 4 346 1049 1399

Cases docketed during term:Paid cases ............................................................................................ 1671In forma pauperis cases.................................................................. 6846Original cases ..................................................................................... 4

Total ..................................................................................................... 8521

Cases remaining from last term ............................................................... 1087Total cases on the docket ........................................................................... 9608Cases disposed of ......................................................................................... 8209Number remaining on docket.................................................................... 1399Petitions for certiorari granted:

In paid cases ....................................................................................... 58In in forma pauperis cases............................................................. 15

Appeals granted:In paid cases ....................................................................................... 5

Total cases granted plenary review......................................................... 78Cases argued during term......................................................................... 90

Number disposed of by full opinions ............................................. 82Number disposed of by per curiam opinions .............................. 5Number set for reargument next term......................................... 0

Cases available for argument at beginning of term............................. 41Disposed of summarily after review was granted ................................ 1Original cases set for argument ............................................................... 0Cases reviewed and decided without oral argument ........................... 105Total cases available for argument at start of next term................... 31

Number of written opinions of the Court............................................... 69Per curiam opinions in argued cases ...................................................... 5

Number of lawyers admitted to practice as of June 29, 2001:On written motion ............................................................................. 2723On oral motion.................................................................................... 1860

Total ................................................................................................ 4583


III

GENERAL: Page

2004 Term closed and 2005 Term convened October 3,2005 ......................................................................................... 4

Allotment Order..................................................................... 250, 607Chief Justice welcomes members of a British Delegation 4Chief Justice remarks on the 30th anniversary of Justice

Steven’s nomination to the Court by President Ford.... 381Investiture of Chief Justice Roberts ..................................... 1Investiture of Justice Alito ...................................................... 613Letters concerning Justice O’Connor’s retirement read.... 806Rehnquist, Chief Justice, Resolutions of the Bar

presented ................................................................................ 1080Remarks by Justice Stevens on the Death of Chief Justice

Rehnquist ............................................................................... 2Retirement of Sally Rider noted by Chief Justice.............. 1162

APPEALS:

Appeal dismissed (05–460) ....................................................... 1163Briefing schedule ordered by Court (05–204, 05–254, 05–

276 & 05–439) ........................................................................ 473Dismissed as moot (05–464)..................................................... 479Judgment affirmed (05–526; 04–10649; 05–298) ............. 747, 1163Probable Jurisdiction noted, cases consolidated and two

hours allowed for argument (05–204, 05–254, 05–276 &05–439) .................................................................................... 454

APPLICATIONS:

Application to transfer prisoner granted (05A578)............. 475Application to vacate stay of execution granted (05A684) 601Dissent from denial of application for stay (05A639) ......... 551Recall and Stay of Mandate granted, conditioned on post-

ing of bond (06A179)............................................................. 1211Stay of execution denied, four Justices dissenting

(05A1078; 06A301)........................................................ 1009, 1227Stay of execution of sentence of death granted (05A676;

05A692; 06A36) ........................................................ 597, 605, 1171Stay of removal denied, four Justices dissenting

(05A1002) ................................................................................ 943

ARGUMENTS:

Case restored to the calendar for reargument, (04–473;04–1170; 04–1360) .................................................... 615, 785, 880


IV

ARGUMENTS—ContinuedCase reargued (04–473; 04–1170; 04–1360) ............... 780, 908, 983Chief Justice recused (04–698; 04–1495; 04–607; 05–184) .. 210,

544, 810, 780Divided argument granted, and Court allocated time (04–

10566 & 05–51; 05–204, 05–254, 05–276 & 05–439;05–259) ........................................................................ 454, 575, 815

Justice Alito recused (04–1739)............................................... 807Justice Thomas recused (04–1186).......................................... 418Ninety minutes allotted for oral argument (05–184).......... 621

ATTORNEYS:

Motion for appointment of counsel granted (04–52; 04–928; 05–5224; 05–83; 05–5705; 04–10566; 05–5992;04–1414; 05–7053; 05–5966; 05–6551; 05–7142; 05–8794;05–8820; 05–998; 05–493) ..................................................... 13,

286, 454, 480, 481, 575, 622, 689, 717, 748,815, 838, 883, 985, 1011, 1060

BRIEFS:

Court ordered parties to file supplemental briefs(04–1131) ................................................................................. 939

Motion for order directing the filing of supplementalbriefs denied (05–184) .......................................................... 575

Motion to file amicus curiae brief out of time denied(04–1719; 04–473) .............................................................. 190, 787

Motion to file amicus curiae brief out of time granted(04–1144) ................................................................................. 14

Motion to file supplemental brief after argument denied(05–254) ................................................................................... 748

Motion to file supplemental brief after argument granted(05–204, 05–254, 05–276 & 05–439; 05–409) ............... 748, 1060

Motion to file surreply granted (05–184)............................... 621

CERTIORARI:

Dismissed as moot (05–11108) ................................................. 1105Opinion concurring in the denial of certiorari (05–919; 05–

533)....................................................................................... 801, 824Opinion dissenting from the denial of certiorari (05–533;

05–10706, 05–10743 & 05–10815) .................................. 824, 1071Statement respecting the denial of certiorari (05–8268 &

05–8504; 05–10706, 05–10743 & 05–10815) ................. 894, 1071


V

COSTS:

Motion for attorney fees and costs referred to CA9 (04–723; 05–371) ........................................................................ 689, 690

Motion for attorney fees denied without prejudice(04–723) ................................................................................... 215

Motion for excess compensation denied (03–9046).............. 13Motion to retax costs (04–108) ................................................ 13

GRANTED CASES:

Argue in tandem (05–5224 & 05–5705; 05–908 &05–915) .............................................................................. 287, 1037

Amended order limiting grant to a reformulated question(04–1618) ................................................................................. 253

Chief Justice recused (05–669) ................................................ 838Consolidated cases from different circuits (04–10566 &

05–51) ...................................................................................... 328Dismissed as improvidently granted (04–373; 05–465;

04–607) .................................................................... 372, 1053, 1119Dismissed as improvidently granted then GVR’d (05–465) 1053Expedited briefing schedule ordered by the Court (05–

1272; 05–1629) ........................................................................ 1230Justice Breyer recused (05–669) ............................................. 838Justice Thomas recused (05–1342).......................................... 1090Motion to deconsolidate cases denied (04–1034 & 04–1384) 327Motion to dismiss is deferred to hearing on the merits

(05–184) ................................................................................... 621Motion to dismiss writ of certiorari as improvidently

granted deferred; Motion denied (04–928) ................... 379, 687Order vacating previous order granting petition and

regranting case with Chief Justice recused (04–607) .... 324Question presented added by the Court (05–130; 05–593;

05–1240) .................................................................... 383, 945, 1090

MOTIONS:

Leave granted to file under seal (05M8, 04–1564, 05M24,05M34; 05M59; 05M66; 05M73; 05M85).............................. 12,

189, 327, 454, 621, 747, 787, 1037Leave to proceed in forma pauperis without an affidavit

of indigency granted (04M79; 05M47; 05M48; 05M58).... 11,573, 621

Motion for leave to intervene granted (04–623) .................. 13


VI

MOTIONS—ContinuedMotion for reconsideration of order denying leave to

proceed in forma pauperis granted (04–9737; 05–9212) 244,1060

Motion to join additional party (05–974)............................... 964Motion to proceed as a veteran granted (05M82; 05M87).. 985,

1060Motion to strike reply treated as motion to seal and

granted (04–1520).................................................................. 243Motion to strike supplemental brief denied (04–597)......... 286

OPINIONS:

Affirmed in Relevant part (05–260) ....................................... 974Cases not consolidated but argued in tandem, one

opinion issued (05–5224 & 05–5705) .................................. 1108Chief Justice Recused (04–698; 04–1495; 04–607; 05–

184)................................................................... 371, 909, 1119, 1161Dismissed as improvidently granted (05–465; 04–607) ...... 1053,

1119Dissenting opinion announced (04–1034 & 04–1384;

05–184) ............................................................................ 1108, 1161Justice Thomas Recused (04–1186) ........................................ 567Justice Alito Recused (04–1495; 04–1739) ....................... 909, 1157Opinion concurring in the denial of certiorari (05–919;

05–533.................................................................................. 801, 824Opinion concurring in the judgment announced (04–

1034 & 04–1384)..................................................................... 1108Opinion dissenting from the denial of certiorari (05–

533; 05–10706, 05–10743 & 05–10815).......................... 824, 1071Per Curiam (04–373; 04–1581; 04–1131; 05–465; 04–607) 372,

588, 1053, 1119Per Curiam, no argument (04–8384; 04–1475; 04–1538;

05–101; 04–9949; 04–1095; 05–379; 05–555; 05–552;05–8400; 05–6997).................................................................. 213,

253, 285, 381, 619, 837, 883, 1089Plurality opinion (04–1034 & 04–1384; 04–1528, 04–1530

& 04–1697; 04–1739)............................................ 1108, 1150, 1157Statement respecting the denial of certiorari (05–8268

& 05–8504; 05–10706, 05–10743 & 05–10815) ............. 894, 1071


VII

ORIGINAL CASES:

8 Original, final settlement approved, decree entered,Special Master discharged .................................................. 787

11 Original, motion to reopen denied, bill of complaintgranted, case docketed as No. 134 Original ................... 382

128 Original, Decree entered; Special Master discharged 574133 Original, Motion for leave to file a bill of complaint

denied ...................................................................................... 621134 Original, Special Master appointed ................................ 573135 Original, Motion for leave to file bill of complaint

denied ...................................................................................... 1089

REHEARING:

Response to petition for rehearing requested (04–1324) ... 1090

RULES:Federal Rules of Appellate Procedure amended................. 833Federal Rules of Bankruptcy Procedure amended............. 833Federal Rules of Criminal Procedure amended .................. 834Federal Rules of Civil Procedure amended ......................... 833Federal Rules of Evidence amended ..................................... 834

STAYS:

Application to vacate stay of execution granted (05A684) 601Dissent from denial of application for stay (05A639) 551Stay of execution denied, four Justices dissenting

(05A1078; 06A301)......................................................... 1009, 1227Stay of execution of sentence of death granted (05A676;

05A692; 06A36) ........................................................ 597, 605, 1171Stay of removal denied, four Justices dissenting

(05A1002) ................................................................................ 943

CONCLUSION:

Remarks of Chief Justice re end of the Term ..................... 1161

JNL05$1003—10-25-05 20:04:47 JOURNAPGT MILES

1(JOURNAL) MONDAY, OCTOBER 3, 2005

SUPREME COURT OF THE UNITED STATES

Present: Justice Stevens, Justice O’Connor, Justice Scalia, JusticeKennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Jus-tice Breyer.

Justice Stevens said:“On behalf of the Court Mr. President, I extend to you a warm wel-

come. This special sitting of the Court is held today to receive theCommission of the newly appointed Chief Justice of the United States,John G. Roberts, Jr.

“The Court will now recognize the Attorney General of the UnitedStates, Alberto Gonzales.”

Attorney General Gonzales said:“Justice Stevens, and may it please the Court. I have the Commission

which has been issued to the Honorable John G. Roberts, Jr., as ChiefJustice of the United States. The Commission has been duly signed bythe President of the United States and attested by me as The AttorneyGeneral of the United States. I move that the Clerk read the Commis-sion and that it be made part of the permanent record of this Court.”

Justice Stevens said:“Thank you General Gonzales, your motion is granted. Mr. Clerk,

will you please read the Commission?”Clerk Suter said:“George W. Bush, President of the United States of America, to all

who shall see these presents, Greeting: Know ye; that reposing specialtrust and confidence in the wisdom, uprightness, and learning of JohnG. Roberts, Jr., of Maryland, I have nominated, and, by and with theadvice and consent of the Senate, do appoint him Chief Justice of theUnited States, and do authorize and empower him to execute and fulfillthe duties of that office according to the Constitution and Laws of thesaid United States, and to have and to hold the said office, with all thepowers, privileges and emoluments to the same of right appertaining,unto him, the said John G. Roberts, Jr., during his good behavior.

“In testimony whereof, I have caused these letters to be made patentand the Seal of the Department of Justice to be hereunto affixed.

“Done at the City of Washington, this Twenty-ninth day of Septem-ber in the year of our Lord Two Thousand Five and of the Independ-ence of the United States of America the Two Hundred and Thirtieth.


2 MONDAY, OCTOBER 3, 2005

By the President: George W. Bush. Alberto Gonzales, AttorneyGeneral.”

Justice Stevens said:“I now ask the Deputy Clerk of the Court to escort Judge Roberts

to the Bench.”

Justice Stevens said:“Are you ready to take the oath?”Judge Roberts said:“I am.”

Justice Stevens said:“Will you repeat after me?“I, John G. Roberts, Jr., do solemnly swear that I will administer

justice without respect to persons, and do equal right to the poor andto the rich, and that I will faithfully and impartially discharge andperform all the duties incumbent upon me as The Chief Justice of theUnited States under the Constitution and Laws of the United States,so help me God.”

Justice Stevens said:“Chief Justice Roberts, on behalf of all the members of the Court, it

is a pleasure to extend to you a very warm welcome as the SeventeenthChief Justice of the United States and to wish you a long and happycareer in our common calling.”

Adjourned until 10:30 this morning.

Present: Chief Justice Roberts, Justice Stevens, Justice O’Connor,Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, JusticeGinsburg, and Justice Breyer.

Justice Stevens said:“For thirty days our flags have flown at half-mast as a gesture of

respect for our friend and colleague, William Hubbs Rehnquist, theformer Chief Justice of the United States, who died on September 3,2005 at his home in Arlington, Virginia.

“Born in Milwaukee in 1924, Bill Rehnquist was the son of WilliamBenjamin and Margery Peck Rehnquist. He attended public elemen-tary and high schools in Shorewood, Wisconsin, a suburb of Milwaukee.During the Second World War he served in the Army Air Force as aweather observer in the United States and North Africa. He was hon-orably discharged in April of 1946.


MONDAY, OCTOBER 3, 2005 3

“He was graduated Phi Beta Kappa from Stanford University witha B.A. and M.A. in 1948 and also received an M.A. from Harvard Uni-versity in 1950. He earned his law degree from Stanford University in1952, where he was first in his class.

“After leaving Stanford, the Chief Justice was a law clerk to Su-preme Court Justice Robert H. Jackson from February 1952 throughJune 1953. He practiced law in Phoenix, Arizona, from 1953 to 1969when President Nixon appointed him Assistant Attorney General, Of-fice of Legal Counsel. He was nominated as an Associate Justice of theSupreme Court of the United States by President Nixon on October21, 1971 and sworn in on January 7, 1972. Some fourteen years laterPresident Reagan nominated him Chief Justice of the United Statesand he was sworn in on September 26, 1986. Chief Justice Rehnquistwas the longest serving Chief Justice since Chief Justice Melville Ful-ler, who died in office in 1910.

“While on the bench, Chief Justice Rehnquist authored 458 opinionsfor the Court, 376 dissenting opinions, and over 100 separate writingseither concurring in part and dissenting in part or explaining his rul-ings as a circuit justice. These opinions were lucid expositions of thelaw, often revealing his exceptional familiarity with the history of ourcountry. Moreover many of them, as well as the books that he authored,provided evidence of his profound love for our country and our inde-pendent judicial system. He was truly the first among equals, havingled us by examples of excellence rather than by fiat. Although his opin-ions have shaped every important area of the Court’s jurisprudence,with his background as a practicing lawyer he realized that it was oftenthe opinions issued with little fanfare that would have the greatestimpact on the day-to-day practice of law. He sometimes described theseopinions by quoting from Thomas Gray’s Elegy Written in a CountryChurchyard: ‘Full many a flower is born to blush unseen, And wasteits sweetness on the desert air.’

“The members of this Court will greatly miss Chief Justice Rehn-quist’s warmth and collegiality. I speak for all of us in expressing oursympathy to his son, Jim, his daughters, Janet and Nancy, his grand-children, and to all those whose lives were touched by this remarkableman. At an appropriate time, the traditional memorial observance ofthe Court and the Bar of the Court will be held in this Courtroom.

“We now turn to the future. Tomorrow our flags will no longer fly athalf-mast. Today we welcome our new Chief Justice, John G.Roberts, Jr., and we express our thanks to President Bush and to themembers of the United States Senate for the wisdom and diligencethat attended the process of nominating and confirming Chief Justice



Roberts in time to enable him to preside over our proceedings today.It is appropriate to note that in his pre-judicial career our new ChiefJustice argued 39 times before this Court, a number that exceeds thecombined experience of the rest of us. We know him well and he hasalready earned our respect and admiration.”

The Chief Justice said:“Thank you very much Justice Stevens.”“I have the honor to announce, on behalf of the Court, that the Octo-

ber 2004 Term of the Supreme Court of the United States is nowclosed, and the October 2005 Term is now convened.

“Today’s orders of the Court have been duly entered and certified,and filed with the Clerk, and they will not be otherwise announced.

“I would like to welcome the Members of a British Delegation whoare visiting our Court today as participants in the Anglo-AmericanLegal Exchange.”

Certiorari—Summary Dispositions

No. 04–1066. Illinois, Petitioner v. Michelle L. Bartels. On petitionfor writ of certiorari to the Appellate Court of Illinois, Third District.Petition for writ of certiorari granted. Judgment vacated, and caseremanded to the Appellate Court of Illinois, Third District, for furtherconsideration in light of Illinois v. Caballes, 543 U. S. ––– (2005). TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1113. John Sophocleus, et ux., Petitioners v. Alabama De-partment of Transportation, et al. On petition for writ of certiorari tothe United States Court of Appeals for the Eleventh Circuit. Petitionfor writ of certiorari granted. Judgment vacated, and case remandedto the United States Court of Appeals for the Eleventh Circuit forfurther consideration in light of Exxon Mobil Corp. v. Saudi BasicIndustries Corp., 544 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1224. Garland Hogan, Petitioner v. United States. On peti-tion for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit;

No. 04–9239. Alan Richard Lewis, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit;

No. 04–9307. Wanda Tirado, Petitioner v. United States. On petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit; and



No. 04–9331. Zane Balsam, Petitioner v. United States. On petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit. Motions of petitioners in No. 04–9239, 04-9307, and04-9331 for leave to proceed in forma pauperis and petitions for writsof certiorari granted. Judgment vacated, and cases remanded to theUnited States Court of Appeals for the Eleventh Circuit for furtherconsideration in light of United States v. Booker, 543 U. S. ––– (2005).The Chief Justice took no part in the consideration or decision of thesemotions and these petitions.

No. 04–1382. United States, Petitioner v. James Maxwell. Motion ofrespondent for leave to proceed in forma pauperis granted. On petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit. Petition for writ of certiorari granted. Judgment va-cated, and case remanded to the United States Court of Appeals forthe Eleventh Circuit for further consideration in light of Gonzales v.Raich, 545 U. S. ––– 2005. The Chief Justice took no part in the consid-eration or decision of this motion and this petition.

No. 04–1610. Eduardo V. Saenz, Petitioner v. United States. On peti-tion for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Petition for writ of certiorari granted. Judgmentvacated, and case remanded to the United States Court of Appeals forthe Eleventh Circuit for further consideration in light of United Statesv. Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1620. Timothy Earl Mills, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appealsfor the Fourth Circuit. Petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Fourth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1667. Stuart T. Guttman, Petitioner v. G.T.S. Khalsa, et al.On petition for writ of certiorari to the United States Court of Appealsfor the Tenth Circuit. Petition for writ of certiorari granted. Judgmentvacated, and case remanded to the United States Court of Appeals forthe Tenth Circuit for further consideration in light of Exxon MobilCorp. v. Saudi Basic Industries Corp., 544 U. S. ––– (2005). The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1698. Jimmy Richard Husband, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appeals



for the Fourth Circuit. Petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Fourth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this petition.

No. 04–9022. Rick Lee Barton, Petitioner v. United States. On peti-tion for writ of certiorari to the United States Court of Appeals forthe Fourth Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for theFourth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 04–9218. Bakari Mackey, Petitioner v. United States. On petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of Gonzalez v. Crosby,545 U. S. ––– (2005). The Chief Justice took no part in the considerationor decision of this motion and this petition.

No. 04–9369. Tony James Garner, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 04–9417. Robby O. James, Petitioner v. United States. On peti-tion for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 04–9707. Carlos Eduardo Mata-Ramirez, Petitioner v. UnitedStates. On petition for writ of certiorari to the United States Court ofAppeals for the Fifth Circuit. Motion of petitioner for leave to proceed



in forma pauperis and petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Fifth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this motion and this petition.

No. 04–9941. Roberto Jose, Petitioner v. United States. On petitionfor writ of certiorari to the United States Court of Appeals for theFirst Circuit. Motion of petitioner for leave to proceed in forma pau-peris and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the FirstCircuit for further consideration in light of United States v. Booker,543 U. S. ––– (2005). The Chief Justice took no part in the considerationor decision of this motion and this petition.

No. 04–10064. Brady Carter, Petitioner v. Arkansas. On petition forwrit of certiorari to the Supreme Court of Arkansas. Motion of peti-tioner for leave to proceed in forma pauperis and petition for writ ofcertiorari granted. Judgment vacated, and case remanded to the Su-preme Court of Arkansas for further consideration in light of Smith v.Massachusetts, 543 U. S. ––– (2005). The Chief Justice took no part inthe consideration or decision of this motion and this petition.

No. 04–10221. Jerry Joseph Higdon, Jr., Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Eleventh Circuit for further consideration in light ofUnited States v. Booker, 543 U. S. ––– (2005). The Chief Justice took nopart in the consideration or decision of this motion and this petition.

No. 04–10295. Aquilia Marcivicci Barnette, Petitioner v. UnitedStates. On petition for writ of certiorari to the United States Court ofAppeals for the Fourth Circuit. Motion of petitioner for leave to pro-ceed in forma pauperis and petition for writ of certiorari granted.Judgment vacated, and case remanded to the United States Court ofAppeals for the Fourth Circuit for further consideration in light ofMiller-El v. Dretke, 545 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this motion and this petition.

No. 04–10379. Juan Carlos Herrera, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appealsfor the Tenth Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-



ment vacated, and case remanded to the United States Court of Ap-peals for the Tenth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this motion and this petition.

No. 04–10394. Robert Joseph Marshall, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Ninth Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Ninth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this motion and this petition.

No. 04–10487. Ronald Edward Dahlman, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Ninth Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Ninth Circuit for further consideration in light of UnitedStates v. Booker, 543 U. S. ––– (2005). The Chief Justice took no partin the consideration or decision of this motion and this petition.

No. 04–10538. Julian Decarlo, Jr., Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 04–10596. Richard O. Singer, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 04–10608. Thomas Lee Edmonds, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-



ment vacated, and case remanded to the United States Court of Ap-peals for the Eleventh Circuit for further consideration in light ofUnited States v. Booker, 543 U. S. ––– (2005). The Chief Justice took nopart in the consideration or decision of this motion and this petition.

No. 04–10718. Wilfredo Avila-Ramos, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the First Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the FirstCircuit for further consideration in light of United States v. Booker,543 U. S. ––– (2005). The Chief Justice took no part in the considerationor decision of this motion and this petition.

No. 04–10725. Vincent Lee Ferguson, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-ment vacated, and case remanded to the United States Court of Ap-peals for the Eleventh Circuit for further consideration in light ofUnited States v. Booker, 543 U. S. ––– (2005). The Chief Justice took nopart in the consideration or decision of this motion and this petition.

No. 05–5106. Scott Hintz, Petitioner v. United States. On petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 05–5374. Kyle Eberite Williams, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 05–5398. Kenneth John Pachinger, Petitioner v. United States.On petition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit. Motion of petitioner for leave to proceedin forma pauperis and petition for writ of certiorari granted. Judg-



ment vacated, and case remanded to the United States Court of Ap-peals for the Eleventh Circuit for further consideration in light ofUnited States v. Booker, 543 U. S. ––– (2005). The Chief Justice took nopart in the consideration or decision of this motion and this petition.

No. 05–5614. Mark L. Sandon, Petitioner v. United States. On peti-tion for writ of certiorari to the United States Court of Appeals forthe Ninth Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the NinthCircuit for further consideration in light of United States v. Booker,543 U. S. ––– (2005). The Chief Justice took no part in the considerationor decision of this motion and this petition.

No. 05–5653. Patrick Neal Gillespie, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eleventh Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the Elev-enth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 05–5694. Ricky Lee Newton, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appealsfor the Sixth Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for the SixthCircuit for further consideration in light of United States v. Booker,543 U. S. ––– (2005). The Chief Justice took no part in the considerationor decision of this motion and this petition.

No. 05–5704. Harry Nolan Moody, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Fourth Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,and case remanded to the United States Court of Appeals for theFourth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

No. 05–5917. Soheir A. Abu Nahia, Petitioner v. United States. Onpetition for writ of certiorari to the United States Court of Appeals forthe Eighth Circuit. Motion of petitioner for leave to proceed in formapauperis and petition for writ of certiorari granted. Judgment vacated,



and case remanded to the United States Court of Appeals for theEighth Circuit for further consideration in light of United States v.Booker, 543 U. S. ––– (2005). The Chief Justice took no part in theconsideration or decision of this motion and this petition.

Orders in Pending Cases

No. 04M78. Thomas C. Robinson, Jr., Petitioner v. Rosanne Camp-bell, Acting Warden. Motion to direct the Clerk to file a petition forwrit of certiorari out of time denied. The Chief Justice took no part inthe consideration or decision of this motion.

No. 04M79. Teresa T. and Zazsheen P., Petitioners v. Kristine D.Ragaglia, et al. Motion for leave to proceed in forma pauperis withoutan affidavit of indigency executed by petitioner granted. The ChiefJustice took no part in the consideration or decision of this motion.

No. 04M80. Joseph Penbara, Petitioner v. Dover Township, New Jer-sey, et al. Motion to direct the Clerk to file a petition for writ of certio-rari out of time denied. The Chief Justice took no part in the consider-ation or decision of this motion.

No. 05M1. Jonathan Marcus Green, Petitioner v. Texas. Motion forleave to proceed in forma pauperis without an affidavit of indigencyexecuted by petitioner denied. The Chief Justice took no part in theconsideration or decision of this motion.

No. 05M2. Grover Carroll Gibson, Petitioner v. United States. Mo-tion to direct the Clerk to file a petition for writ of certiorari out oftime denied. The Chief Justice took no part in the consideration ordecision of this motion.

No. 05M3. Randall Edward Valkoun, Petitioner v. Kurt Jones, War-den. Motion to direct the Clerk to file a petition for writ of certiorariout of time denied. The Chief Justice took no part in the considerationor decision of this motion.

No. 05M4. Edward M. Johnson, Petitioner v. District of Columbia,et al. Motion to direct the Clerk to file a petition for writ of certiorariout of time denied. The Chief Justice took no part in the considerationor decision of this motion.

No. 05M5. Gary Jack Williams, Petitioner v. David Farcas, Warden,et al. Motion to direct the Clerk to file a petition for writ of certiorariout of time denied. The Chief Justice took no part in the considerationor decision of this motion.

No. 05M6. Coozie Britton, Jr., Petitioner v. United States, et al. Mo-tion to direct the Clerk to file a petition for writ of certiorari out of



time denied. The Chief Justice took no part in the consideration ordecision of this motion.

No. 05M7. Myriaatrice Caldwell, Petitioner v. El Cortez Hotel &Casino, et al. Motion to direct the Clerk to file a petition for writ ofcertiorari out of time denied. The Chief Justice took no part in theconsideration or decision of this motion.

No. 05M8. In Re Grand Jury Proceedings. Motion for leave to file apetition for writ of certiorari under seal with redacted copies for thepublic record granted. The Chief Justice took no part in the consider-ation or decision of this motion.

No. 05M9. Jim Linzell Jackson, Sr., Petitioner v. Lehrer McGovernBovis, Inc. Motion to direct the Clerk to file a petition for writ ofcertiorari out of time denied. The Chief Justice took no part in theconsideration or decision of this motion.

No. 05M10. Clifford Webber, Petitioner v. James V. Crosby, Jr., Sec-retary, Florida Department of Corrections. Motion to direct the Clerkto file a petition for writ of certiorari out of time denied. The ChiefJustice took no part in the consideration or decision of this motion.

No. 05M11. Salvador Diaz, Petitioner v. Judge Advocate General ofthe Navy. Motion to direct the Clerk to file a petition for writ of certio-rari out of time denied. The Chief Justice took no part in the consider-ation or decision of this motion.

No. 05M12. New York City Department of Education, Petitioner v.M. S., on Behalf of Her Minor Child, I. O., et al. Motion to direct theClerk to file a petition for writ of certiorari out of time denied. TheChief Justice took no part in the consideration or decision of thismotion.

No. 05M13. Paul Dennis Reid, Jr., Petitioner v. Tennessee. Motion forleave to proceed in forma pauperis without an affidavit of indigencyexecuted by petitioner denied. The Chief Justice took no part in theconsideration or decision of this motion.

No. 05M14. Diego S. Mundo, Petitioner v. Commonwealth of theNorthern Mariana Islands. Motion for leave to proceed in forma pau-peris without an affidavit of indigency executed by petitioner denied.The Chief Justice took no part in the consideration or decision of thismotion.

No. 05M15. James G. Turner-El, Petitioner v. Sergeant Mayo, et al.Motion to direct the Clerk to file a petition for writ of certiorari out oftime denied. The Chief Justice took no part in the consideration ordecision of this motion.



No. 65, Original. State of Texas, Plaintiff v. State of New Mexico.Motion of the River Master for fees and reimbursement of expensesgranted, and the River Master is awarded a total of $4,750.22 for theperiod April 1, 2005 through June 30, 2005, to be paid equally by theparties. The Chief Justice took no part in the consideration or decisionof this motion.

No. 03–9046. Charles Russell Rhines, Petitioner v. Douglas Weber,Warden. Motion of petitioner Roberto Lange for excess compensationdenied. The Chief Justice took no part in the consideration or decisionof this motion.

No. 04–52. Bertram Rice, Warden, et al., Petitioners v. Steven Mar-tell Collins. Motion of respondent for appointment of counsel granted.Mark R. Drozdowski, Esquire, of Los Angeles, California is appointedto serve as counsel for the respondent in this case. The Chief Justicetook no part in the consideration or decision of this motion.

No. 04–108. Susette Kelo, et al., Petitioners v. City of New London,Connecticut, et al. Motion of respondents to retax costs denied. TheChief Justice took no part in the consideration or decision of thismotion.

No. 04–373. Maryland, Petitioner v. Leeander Jerome Blake. Motionof the Solicitor General for leave to participate in oral argument asamicus curiae and for divided argument granted. Motion of NationalAssociation of Criminal Defense Lawyers for leave to participate inoral argument as amicus curiae and for divided argument denied. Mo-tion of respondent for leave to proceed further herein in forma pau-peris granted. The Chief Justice took no part in the consideration ordecision of these motions.

No. 04–623. Alberto R. Gonzales, Attorney General, et al., Petition-ers v. Oregon, et al. Motion of Charlene Andrews, et al., for leave tointervene granted. The Chief Justice took no part in the considerationor decision of this motion.

No. 04–944. Jenifer Arbaugh, Petitioner v. Y & H Corporation, dbaThe Moonlight Cafe. Motion of the Solicitor General for leave to partici-pate in oral argument as amicus curiae and for divided argumentgranted. The Chief Justice took no part in the consideration or decisionof this motion.

No. 04–1067. Georgia, Petitioner v. Scott Fitz Randolph. Motion ofthe Solicitor General for leave to participate in oral argument as ami-cus curiae and for divided argument granted. The Chief Justice tookno part in the consideration or decision of this motion.



No. 04–1144. Kelly A. Ayotte, Attorney General of New Hampshire,Petitioner v. Planned Parenthood of Northern New England, et al. Mo-tion of Tim Pawlenty, Governor of Minnesota, et al., for leave to file abrief as amici curiae out of time granted. The Chief Justice took nopart in the consideration or decision of this motion.

No. 04–1152. Donald H. Rumsfeld, Secretary of Defense, et al., Peti-tioners v. Forum for Academic and Institutional Rights, Inc., et al.Motion of American Civil Rights Union for leave to file a brief as ami-cus curiae granted. The Chief Justice took no part in the considerationor decision of this motion.

No. 04–1350. KSR International Co., Petitioner v. Teleflex, Inc.,et al. The Solicitor General is invited to file a brief in this case express-ing the views of the United States. The Chief Justice took no part inthe consideration or decision of this case.

No. 04–7693. Joseph Dixon, Petitioner v. City of Minneapolis WaterDepartment, et al. Motion of petitioner for reconsideration of orderdenying leave to proceed in forma pauperis denied. The Chief Justicetook no part in the consideration or decision of this motion.

No. 04–9185. Derrick R. Coombs, Petitioner v. Pennsylvania. Motionof petitioner for reconsideration of order denying leave to proceedin forma pauperis denied. The Chief Justice took no part in the consid-eration or decision of this motion.

No. 04–9351. Gracie McBroom, Petitioner v. Techneglas, Inc., et al.Motion of petitioner for reconsideration of order denying leave to pro-ceed in forma pauperis denied. The Chief Justice took no part in theconsideration or decision of this motion.

No. 04–9612. Larry Darnell Jones, Petitioner v. Thomas Birkett,Warden; and Larry Darnell Jones, Petitioner v. Thomas Birkett, War-den. Motion of petitioner for reconsideration of order denying leave toproceed in forma pauperis denied. The Chief Justice took no part inthe consideration or decision of this motion.

No. 04–10387. Okey Garry Okpala, Petitioner v. United States. Mo-tion of petitioner for reconsideration of order denying leave to proceedin forma pauperis denied. The Chief Justice took no part in the consid-eration or decision of this motion.

No. 04–10525. Frank J. Marcone, Petitioner v. Office of DisciplinaryCounsel of the Supreme Court of Pennsylvania. Motion of petitionerfor leave to proceed in forma pauperis denied. Petitioner allowed untilOctober 24, 2005, within which to pay the docketing fee required byRule 38(a) and to submit a petition in compliance with Rule 33.1 of the



Rules of this Court. The Chief Justice took no part in the considerationor decision of this motion.

No. 04–10724. David Kissi, Petitioner v. Pramco II, LLC. Motion ofpetitioner for leave to proceed in forma pauperis denied. Petitionerallowed until October 24, 2005, within which to pay the docketing feerequired by Rule 38(a) and to submit a petition in compliance withRule 33.1 of the Rules of this Court. The Chief Justice took no part inthe consideration or decision of this motion.

No. 05–5135. Michael T. Studer, Petitioner v. Securities and Ex-change Commission. Motion of petitioner for leave to proceed in formapauperis denied. Petitioner allowed until October 24, 2005, withinwhich to pay the docketing fee required by Rule 38(a) and to submit apetition in compliance with Rule 33.1 of the Rules of this Court. TheChief Justice took no part in the consideration or decision of thismotion.

No. 05–5410. Jerry Gutnayer, Petitioner v. Cendant Corporation,et al. Motion of petitioner for leave to proceed in forma pauperis de-nied. Petitioner allowed until October 24, 2005, within which to pay thedocketing fee required by Rule 38(a) and to submit a petition in compli-ance with Rule 33.1 of the Rules of this Court. The Chief Justice tookno part in the consideration or decision of this motion.

Certiorari Denied

No. 04–1128. Louis Joseph Pleeter, Petitioner v. Karen Bookbinder.Petition for writ of certiorari to the United States Court of Appealsfor the Eleventh Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1136. James H. Roane, Jr., Petitioner v. United States;No. 04–8850. Cory Johnson, Petitioner v. United States; andNo. 04–8856. Richard Tipton, Petitioner v. United States. Petitions

for writs of certiorari to the United States Court of Appeals for theFourth Circuit denied. The Chief Justice took no part in the consider-ation or decision of these petitions.

No. 04–1175. Wyoming Sawmills, Inc., Petitioner v. United StatesForest Service, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Tenth Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1207. Shelda Harris Bannon, as Parent and Natural Guardianof Sharah Harris and Brittni Harris, Petitioner v. School District ofPalm Beach County, et al. Petition for writ of certiorari to the United



States Court of Appeals for the Eleventh Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1225. Stephen S. Adams, et al., Petitioners v. United States.Petition for writ of certiorari to the United States Court of Appealsfor the Federal Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1226. Stephen S. Adams, et al., Petitioners v. David M.Walker, Comptroller General of the United States, et al. Petition forwrit of certiorari to the United States Court of Appeals for the Districtof Columbia Circuit denied. The Chief Justice took no part in the con-sideration or decision of this petition.

No. 04–1239. Jaime Cardenas-Garcia and Jahan Rasty, Petitioners v.Texas Tech University, et al. Petition for writ of certiorari to theUnited States Court of Appeals for the Fifth Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1249. International Brotherhood of Teamsters, Petitioner v.Continental Airlines, Inc. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Fifth Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1270. Joshua Rios and Mary Canales, Petitioners v. Gary L.Johnson, Executive Director, Texas Department of Criminal Justice,et al. Petition for writ of certiorari to the United States Court of Ap-peals for the Fifth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1286. Pooja Goswami, Petitioner v. American Collections En-terprise, Inc.; and

No. 04–1440. American Collections Enterprise, Inc., Petitioner v.Pooja Goswami. Petitions for writs of certiorari to the United StatesCourt of Appeals for the Fifth Circuit denied. The Chief Justice tookno part in the consideration or decision of these petitions.

No. 04–1292. Pemco Aeroplex, Inc., Petitioner v. Equal EmploymentOpportunity Commission. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Eleventh Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1300. Jose Antonio Macias-Placencia, Petitioner v. AlbertoR. Gonzales, Attorney General. Petition for writ of certiorari to theUnited States Court of Appeals for the Ninth Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1303. Board of Education for Warren Community UnitSchool District No. 205, et al., Petitioners v. Kelly Baird. Petition for



writ of certiorari to the United States Court of Appeals for the SeventhCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1304. Allen Oil & Gas, LLC, Petitioner v. Michael Klish, et al.Petition for writ of certiorari to the United States Court of Appealsfor the Tenth Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1328. Brian Bush Ferguson, Petitioner v. West Virginia.Petition for writ of certiorari to the Supreme Court of Appeals of WestVirginia denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1333. National Solid Waste Management Association, et al.,Petitioners v. Pine Belt Regional Solid Waste Management Authorityand its Board of Commissioners, et al. Petition for writ of certiorari tothe United States Court of Appeals for the Fifth Circuit denied. TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1335. Thomas Geig, Petitioner v. City of Macedonia, Ohio.Petition for writ of certiorari to the United States Court of Appealsfor the Sixth Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1346. Board of Trustees of the University of Illinois, Peti-tioner v. Fujitsu Limited, et al. Petition for writ of certiorari to theUnited States Court of Appeals for the Federal Circuit denied. TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1361. Michael Fullenkamp, et al., Petitioners v. Mike Jo-hanns, Secretary of Agriculture. Petition for writ of certiorari to theUnited States Court of Appeals for the Sixth Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1365. Capital Suisse, Inc., et al., Petitioners v. Hentsch Hen-choz & Cie, et al. Petition for writ of certiorari to the Supreme Courtof Utah denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1366. Sandy Callery, Petitioner v. The United States LifeInsurance Company in the City of New York, et al. Petition for writ ofcertiorari to the United States Court of Appeals for the Tenth Circuitdenied. The Chief Justice took no part in the consideration or decisionof this petition.



No. 04–1368. Delaware Tribe of Indians, Petitioner v. Cherokee Na-tion of Oklahoma, et al. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Tenth Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1380. Jarnis United Properties Co., Petitioner v. SigmundLefkovitz, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Seventh Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1383. Irwin Schiff, Petitioner v. United States. Petition forwrit of certiorari to the United States Court of Appeals for the NinthCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1396. Rolly J. Sorrentino, et ux., Petitioners v. United States.Petition for writ of certiorari to the United States Court of Appealsfor the Tenth Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1404. Worldwide Basketball and Sport Tours, Inc., et al.,Petitioners v. National Collegiate Athletic Association. Petition forwrit of certiorari to the United States Court of Appeals for the SixthCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1408. Katuria E. Smith, Angela Rock, and Michael Pyle, Peti-tioners v. University of Washington Law School, et al. Petition for writof certiorari to the United States Court of Appeals for the Ninth Cir-cuit denied. The Chief Justice took no part in the consideration or deci-sion of this petition.

No. 04–1409. Steubenville City Schools, et al., Petitioners v. PatrickBarrett. Petition for writ of certiorari to the United States Court ofAppeals for the Sixth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1411. Montgomery Blair Sibley, Petitioner v. Barbara Sibley.Petition for writ of certiorari to the District Court of Appeal of Flor-ida, Third District, denied. The Chief Justice took no part in the consid-eration or decision of this petition.

No. 04–1415. United States, ex rel. William Garibaldi and CarlosSamuel, Petitioners v. Orleans Parish School Board. Petition for writof certiorari to the United States Court of Appeals for the Fifth Circuitdenied. The Chief Justice took no part in the consideration or decisionof this petition.



No. 04–1421. Roderick LeGrand, Petitioner v. Area Resources forCommunity and Human Services. Petition for writ of certiorari to theUnited States Court of Appeals for the Eighth Circuit denied. TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1423. Alternate Power Source, Inc., Petitioner v. FederalEnergy Regulatory Commission, et al. Petition for writ of certiorarito the United States Court of Appeals for the District of ColumbiaCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1427. Susie Ross, et al., Petitioners v. Citifinancial, Inc., et al.Petition for writ of certiorari to the United States Court of Appealsfor the Fifth Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1438. Carl M. Drury, Jr., Petitioner v. United States. Petitionfor writ of certiorari to the United States Court of Appeals for theEleventh Circuit denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1445. Nathaniel S. Thompson, Petitioner v. United States;and No. 04–9907. Andre Jenkins, Petitioner v. United States. Peti-tions for writs of certiorari to the United States Court of Appealsfor the Sixth Circuit denied. The Chief Justice took no part in theconsideration or decision of these petitions.

No. 04–1452. Local 464A UFCW Welfare Reimbursement Plan, Peti-tioner v. Pascack Valley Hospital, Inc. Petition for writ of certiorari tothe United States Court of Appeals for the Third Circuit denied. TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1455. U. S. Bancorp and Subsidiaries, Petitioners v. OregonDepartment of Revenue. Petition for writ of certiorari to the SupremeCourt of Oregon denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1459. Southco, Inc., Petitioner v. Kanebridge Corporation.Petition for writ of certiorari to the United States Court of Appealsfor the Third Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1462. Franklin Savings Corporation and Franklin SavingsAssociation, Petitioners v. United States, et al. Petition for writ of cer-tiorari to the United States Court of Appeals for the Tenth Circuit



denied. The Chief Justice took no part in the consideration or decisionof this petition.

No. 04–1466. Robert W. Grine, II, et al., Petitioners v. Ronald W.Coombs, Executor of the Estate of William R. Coombs, Deceased, et al.Petition for writ of certiorari to the United States Court of Appealsfor the Third Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1468. Michael Boulware, Petitioner v. United States. Petitionfor writ of certiorari to the United States Court of Appeals for theNinth Circuit denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1470. The Esab Group, Inc., Petitioner v. Centricut LLC,et al. Petition for writ of certiorari to the United States Court of Ap-peals for the Federal Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1473. Abdel Mohamad Rahim, Petitioner v. Doug Dretke,Director, Texas Department of Criminal Justice, Correctional Institu-tions Division. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1474. Pacific Shores Development, LLC, Petitioner v. AtHome Corporation, dba Excite at Home. Petition for writ of certiorarito the United States Court of Appeals for the Ninth Circuit denied.The Chief Justice took no part in the consideration or decision of thispetition.

No. 04–1478. John Eric Thomas, et ux., Petitioners v. City of Chatta-nooga, Tennessee. Petition for writ of certiorari to the United StatesCourt of Appeals for the Sixth Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1480. Douglas B. Moylan, Attorney General of Guam, Peti-tioner v. A. B. Won Pat Guam International Airport Authority, By andThrough its Board of Directors. Petition for writ of certiorari to theSupreme Court of Guam denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1481. Kevin O’Rourke, Petitioner v. Smithsonian InstitutionPress, et al. Petition for writ of certiorari to the United States Courtof Appeals for the Second Circuit denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1482. Helen Lavonne Wells, et al., Petitioners v. Texas A&M University System, dba Texas A&M University-Commerce, et al.



Petition for writ of certiorari to the Court of Appeals of Texas, SixthDistrict, denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1487. New Jersey Department of Labor, Petitioner v. Recon-stituted Committee of Unsecured Creditors of the United HealthcareSystem, Inc. Petition for writ of certiorari to the United States Courtof Appeals for the Third Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1488. Robert Novak, et ux., Petitioners v. Teitelbaum, Brav-erman & Borges, P.C. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Second Circuit denied. The Chief Jus-tice took no part in the consideration or decision of this petition.

No. 04–1490. Maria Fanny Rodriguez-Realpe, Petitioner v. AlbertoR. Gonzales, Attorney General. Petition for writ of certiorari to theUnited States Court of Appeals for the Third Circuit denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1491. Maine, Petitioner v. Joshua Patterson. Petition for writof certiorari to the Supreme Judicial Court of Maine denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1492. Lahey Clinic Hospital, Inc., Petitioner v. United States.Petition for writ of certiorari to the United States Court of Appealsfor the First Circuit denied. The Chief Justice took no part in the con-sideration or decision of this petition.

No. 04–1493. Anita Jean Vedder, Petitioner v. Washington MutualBank, FA. Petition for writ of certiorari to the United States Court ofAppeals for the Sixth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1496. Daniel R. Grein and Timothy Baker, Petitioners v. Cityof Mentor, Ohio, et al. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Sixth Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1497. Lina Ha, Petitioner v. Alberto R. Gonzales, AttorneyGeneral. Petition for writ of certiorari to the United States Court ofAppeals for the Ninth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1498. Richard P. Hobbs, Petitioner v. Westchester County,New York, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Second Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.



No. 04–1509. James Bernard Winke, Petitioner v. Marilyn AnnWinke. Petition for writ of certiorari to the Court of Appeals of Iowadenied. The Chief Justice took no part in the consideration or decisionof this petition.

No. 04–1510. Benjamin Frank Ramsey, et al., Petitioners v. FormicaCorporation, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Sixth Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1511. City of New Rochelle, New York, et al., Petitioners v.Crown Communication New York, Inc., et al. Petition for writ of certio-rari to the Court of Appeals of New York denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1512. Gerald Simonsen, et al., Petitioners v. Chicago Boardof Education, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Seventh Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1513. Eric M. Maynard, Petitioner v. F. Douglas Stump,Commissioner, West Virginia Division of Motor Vehicles. Petition forwrit of certiorari to the Circuit Court of West Virginia, KanawhaCounty, denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1517. David E. Ridenour, et al., Petitioners v. United States,et al. Petition for writ of certiorari to the United States Court of Ap-peals for the Tenth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1519. Phillip A. Jones, Sr., Petitioner v. Fulton County, Geor-gia. Petition for writ of certiorari to the United States Court of Ap-peals for the Eleventh Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1521. Oscar Stilley, Petitioner v. Betty C. Dickey, Chief Jus-tice, Supreme Court of Arkansas, et al. Petition for writ of certiorarito the United States Court of Appeals for the Eighth Circuit denied.The Chief Justice took no part in the consideration or decision of thispetition.

No. 04–1522. Adhinayak Roby Lal, Petitioner v. Pennsylvania. Peti-tion for writ of certiorari to the Commonwealth Court of Pennsylvaniadenied. The Chief Justice took no part in the consideration or decisionof this petition.

No. 04–1523. Adhinayak Roby Lal, Petitioner v. Pennsylvania. Peti-tion for writ of certiorari to the Supreme Court of Pennsylvania, Mid-



dle District, denied. The Chief Justice took no part in the considerationor decision of this petition.

No. 04–1524. Kem L. Ralph, Petitioner v. Monsanto Company. Peti-tion for writ of certiorari to the United States Court of Appeals forthe Federal Circuit denied. The Chief Justice took no part in the consid-eration or decision of this petition.

No. 04–1526. Lawrence T. Callanan, Petitioner v. Don Roper, Super-intendent, Potosi Correctional Center. Petition for writ of certiorari tothe United States Court of Appeals for the Eighth Circuit denied. TheChief Justice took no part in the consideration or decision of thispetition.

No. 04–1529. Mary S. Smith, Petitioner v. 403 C Street, LLC, et al.Petition for writ of certiorari to the District of Columbia Court of Ap-peals denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1535. Stanley J. Peacock, et ux., Petitioners v. City of Mur-phy, Texas. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1536. Robert J. Jaffe, Petitioner v. Kaiser Foundation Hospi-tal, et al. Petition for writ of certiorari to the Court of Appeal of Cali-fornia, Second Appellate District, denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1539. Michael Katz, Petitioner v. United States DistrictCourt for the Northern District of California. Petition for writ of cer-tiorari to the United States Court of Appeals for the Ninth Circuitdenied. The Chief Justice took no part in the consideration or decisionof this petition.

No. 04–1540. Gayle Haponik, Acting Superintendent, Green HavenCorrectional Facility, Petitioner v. Pablo Fernandez. Petition for writof certiorari to the United States Court of Appeals for the SecondCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1542. PCS Nitrogen Fertilizer, L. P., Petitioner v. Shaw Con-structors, Inc. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1547. Southern California Water Company, Petitioner v. Cal-ifornia Public Utilities Commission. Petition for writ of certiorari to



the Supreme Court of California denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1549. Stephanie Green, Petitioner v. Office of the Sheriff ’sOffice, Consolidated City of Jacksonville, Florida. Petition for writ ofcertiorari to the United States Court of Appeals for the Eleventh Cir-cuit denied. The Chief Justice took no part in the consideration or deci-sion of this petition.

No. 04–1550. Gary L. Gillette, Petitioner v. Marcia V. Stucki. Peti-tion for writ of certiorari to the Court of Appeals of Michigan denied.The Chief Justice took no part in the consideration or decision of thispetition.

No. 04–1551. Intermountain Sports, Inc., Petitioner v. Utah Depart-ment of Transportation. Petition for writ of certiorari to the Court ofAppeals of Utah denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1553. Hans W. Flagg, et ux., Petitioners v. Yonkers Savingsand Loan Association, FA, aka Yonkers Financial. Petition for writ ofcertiorari to the United States Court of Appeals for the Second Circuitdenied. The Chief Justice took no part in the consideration or decisionof this petition.

No. 04–1554. James F. George, III, Petitioner v. City of Morro Bay,California. Petition for writ of certiorari to the Court of Appeal ofCalifornia, Second Appellate District, denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1555. Hoffinger Industries, Inc., et al., Petitioners v. LeesaBunch, a Minor, et al. Petition for writ of certiorari to the Court ofAppeal of California, Third Appellate District, denied. The Chief Jus-tice took no part in the consideration or decision of this petition.

No. 04–1556. Michael E. Greene and Michael E. Greene, P.A., Peti-tioners v. Berger Singerman, P.A., et al. Petition for writ of certiorarito the United States Court of Appeals for the Eleventh Circuit denied.The Chief Justice took no part in the consideration or decision of thispetition.

No. 04–1557. California Federal Bank, Petitioner v. United States;and No. 04–1709. United States, Petitioner v. California FederalBank. Petitions for writs of certiorari to the United States Court ofAppeals for the Federal Circuit denied. The Chief Justice took no partin the consideration or decision of these petitions.

No. 04–1558. Lindbirg Lockhart, Petitioner v. Hofstra University.Petition for writ of certiorari to the United States Court of Appeals



for the Second Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1561. William Bernard Oertwig, Jr., Petitioner v. UnitedStates. Petition for writ of certiorari to the United States Court ofAppeals for the Eleventh Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1563. Mitsue Takahashi, Petitioner v. Law Office of Brian K.Ross. Petition for writ of certiorari to the Court of Appeal of Califor-nia, Fifth Appellate District, denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1565. Anthony Andrejic, Petitioner v. Ohio. Petition for writof certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.The Chief Justice took no part in the consideration or decision of thispetition.

No. 04–1568. National Loan Investors, L. P., Petitioner v. Michael E.Denofa, et al. Petition for writ of certiorari to the United States Courtof Appeals for the Third Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1571. Akiko Okamoto, dba Supreme Auto Leasing, Petitionerv. Bank West Corporation. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Ninth Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1572. Marcus S. Minix, Sr., Petitioner v. Stephen N. Frazier,et al. Petition for writ of certiorari to the United States Court of Ap-peals for the Sixth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1573. John Dash, Petitioner v. Patent and Trademark Office.Petition for writ of certiorari to the United States Court of Appealsfor the Federal Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1574. Wende C., et vir, Petitioners v. United MethodistChurch, New York West Area, et al. Petition for writ of certiorari tothe Court of Appeals of New York denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1575. Theophile Carty, Petitioner v. Alberto R. Gonzales,Attorney General. Petition for writ of certiorari to the United StatesCourt of Appeals for the Ninth Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1576. David Whitfield, Petitioner v. Alabama SecuritiesCommission, et al. Petition for writ of certiorari to the United States



Court of Appeals for the Eleventh Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.

No. 04–1577. Brian Lara, Petitioner v. State Farm Fire and CasualtyCompany. Petition for writ of certiorari to the United States Court ofAppeals for the Tenth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1578. John Lester Salazar, Petitioner v. Tim LeMaster, War-den, et al. Petition for writ of certiorari to the United States Court ofAppeals for the Tenth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1580. Linda Smart, et al., Petitioners v. Wyeth. Petition forwrit of certiorari to the United States Court of Appeals for the ThirdCircuit denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1582. Kendra Musgrave, Petitioner v. Inez Hoyos, Adminis-trative Law Judge, Housing Part Q, Civil Court of the City and Countyof New York. Petition for writ of certiorari to the United States Courtof Appeals for the Second Circuit denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1585. Nancy Louise Abernathy, Petitioner v. Joan N. Yukins,Warden. Petition for writ of certiorari to the United States Court ofAppeals for the Sixth Circuit denied. The Chief Justice took no part inthe consideration or decision of this petition.

No. 04–1586. Armando Castillo, Petitioner v. James McFadden, et al.Petition for writ of certiorari to the United States Court of Appealsfor the Ninth Circuit denied. The Chief Justice took no part in theconsideration or decision of this petition.

No. 04–1587. Palm Beach Isles Associates, et al., Petitioners v.United States. Petition for writ of certiorari to the United States Courtof Appeals for the Federal Circuit denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1588. William Joseph Turner, Petitioner v. James Wynder,Superintendent, State Correctional Institution at Dallas, et al. Petitionfor writ of certiorari to the United States Court of Appeals for theThird Circuit denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1589. Picard Losier, Petitioner v. Gogol Kalatschinow. Peti-tion for writ of certiorari to the Superior Court of Pennsylvania, Phila-delphia Office, denied. The Chief Justice took no part in the consider-ation or decision of this petition.



No. 04–1590. Maxim Pharmaceuticals, Inc., et al., Petitioners v.Crosspoint Venture Partners 1997, L. P., et al. Petition for writ of cer-tiorari to the Court of Appeal of California, Fourth Appellate District,Division One, denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1591. Primeguard Insurance Company, Inc., et al., Petition-ers v. John Garamendi, Insurance Commissioner of the State of Califor-nia, et al. Petition for writ of certiorari to the United States Court ofAppeals for the Ninth Circuit denied. The Chief Justice took no partin the consideration or decision of this petition.

No. 04–1592. Louis W. Thabault, Petitioner v. Alberto R. Gonzales,Attorney General. Petition for writ of certiorari to the United StatesCourt of Appeals for the Second Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1593. Carroll Moore, Petitioner v. City of Asheville, NorthCarolina, et al. Petition for writ of certiorari to the United StatesCourt of Appeals for the Fourth Circuit denied. The Chief Justice tookno part in the consideration or decision of this petition.

No. 04–1594. William DeWalt, Petitioner v. United States. Petitionfor writ of certiorari to the United States Court of Appeals for theNinth Circuit denied. The Chief Justice took no part in the consider-ation or decision of this petition.

No. 04–1595. Charles J. Sellens, Petitioner v. American States Insur-ance Company, et al. Petition for writ of certiorari to the Court ofAppeals of Kansas denied. The Chief Justice took no part in the consid-eration or decision of this petition.

No. 04–1596. Donna Saxonis, Petitioner v. City of Lynn, Massachu-setts, et al. Petition for writ of certiorari to the Appeals Court of Mas-sachusetts denied. The Chief Justice took no part in the considerationor decision of this petition.

No. 04–1598. Abundant Life Church, Inc., Petitioner v. John Tubiolo,et ux. Petition for writ of certiorari to the Court of Appeals of NorthCarolina denied. The Chief Justice took no part in the consideration ordecision of this petition.

No. 04–1599. Robert E. Aparicio, Petitioner v. John E. Potter, Post-master General, et al. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Ninth Circuit denied. The Chief Justicetook no part in the consideration or decision of this petition.



No. 04–1600. Christy L. Jaco, Petitioner v. Missouri. Petition forwrit of certiorari to the Supreme Court of Missouri denied. The ChiefJustice took no part in the consideration or decision of this petition.

No. 04–1601. Jonathan Lazorko, Administrator of the Estate of Pa-tricia Norlie, aka Patricia Norlie-Lazorko, Petitioner v. PennsylvaniaHospital, et al. Petition for writ of certiorari to the Superior Court ofPennsylvania, Philadelphia Office, denied. The Chief Justice took nopart in the consideration or decision of this petition.

No. 04–1603. Shore Club Condominium Association, Inc., aka SCCondominium Association, Inc., Petitioner v. National Labor RelationsBoard. Petition for writ of ce

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