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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)
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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4 MONDAY, OCTOBER 3, 2005
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
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MONDAY, OCTOBER 3, 2005 5
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
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JNL05$1003—10-25-05 20:04:47 JOURNAPGT MILES
6 MONDAY, OCTOBER 3, 2005
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
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JNL05$1003—10-25-05 20:04:47 JOURNAPGT MILES
MONDAY, OCTOBER 3, 2005 7
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-
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8 MONDAY, OCTOBER 3, 2005
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-
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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-
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10 MONDAY, OCTOBER 3, 2005
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,
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MONDAY, OCTOBER 3, 2005 11
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
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12 MONDAY, OCTOBER 3, 2005
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.
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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.
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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
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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
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16 MONDAY, OCTOBER 3, 2005
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
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MONDAY, OCTOBER 3, 2005 17
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.
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18 MONDAY, OCTOBER 3, 2005
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.
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MONDAY, OCTOBER 3, 2005 19
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
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20 MONDAY, OCTOBER 3, 2005
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.
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MONDAY, OCTOBER 3, 2005 21
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.
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22 MONDAY, OCTOBER 3, 2005
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-
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MONDAY, OCTOBER 3, 2005 23
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
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24 MONDAY, OCTOBER 3, 2005
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
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MONDAY, OCTOBER 3, 2005 25
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
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26 MONDAY, OCTOBER 3, 2005
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.
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MONDAY, OCTOBER 3, 2005 27
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.
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28 MONDAY, OCTOBER 3, 2005
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