Arthur v. Thomas et al (DEATH PENALTY)

Filing 188

ORDER directing as follows, pursuant to September 12, 2014 status conference: (1) On or before October 3, 2014, Plaintiff Thomas D. Arthur may file a motion to amend his complaint to amend his remaining Eighth Amendment claim and his Fourteenth Amend ment equal protection claim to reflect the States substitution of midazolam hydrochloride for pentobarbital in its lethal injection protocol, and shall provide the court with legal authority supporting the allowance of the amendment,a s further set out; (2) The State shall have 14 days from the date of filing of the motion to respond, and Arthur shall have seven days thereafter to reply. Signed by Chief Judge William Keith Watkins on 9/12/14. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
THOMAS D. ARTHUR,

)
)
Plaintiff,
)
)
v.
)
)
KIM THOMAS, Commissioner, Alabama )
Department of Corrections, et al.,
)
)
Defendants.
)

CASE NO. 2:11-cv-438-WKW
(WO -- Do Not Publish)

ORDER
On September 12, 2014, a status conference was held with counsel for all parties in
attendance. The Commissioner of the Alabama Department of Corrections (the “State”) had
informed the court on September 11, 2014, that the Department of Corrections had chosen
to substitute midazolam hydrochloride for pentobarbital in its three-drug cocktail. Based on
this and additional representations made by the parties at the conference, it is hereby
ORDERED as follows:
1.

On or before October 3, 2014, Plaintiff Thomas D. Arthur may file a motion

to amend his complaint to amend his remaining Eighth Amendment claim and his Fourteenth
Amendment equal protection claim to reflect the State’s substitution of midazolam
hydrochloride for pentobarbital in its lethal injection protocol, and shall provide the court
with legal authority supporting the allowance of the amendment. Any motion to amend filed
by Arthur shall include as an exhibit a proposed amended complaint.
2.

The State shall have 14 days from the date of filing of the motion to respond,

and Arthur shall have seven days thereafter to reply.
DONE this the 12th day of September, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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