McGehee v. Hutchinson et al

Filing 7

ORDER granting 16 Motion to Intervene and 15 Motion to proceed in forma pauperis. The Court defers assessment of the filing fee, and refers the fee issue to Magistrate Judge Ray to decide in due course. The 19 & 20 Motions to Dismiss are partly grant ed and partly denied. All of Bruce Ward's claims are dismissed without prejudice for lack of standing. He's no longer a party. The 3 Motion for Preliminary Injunction is partly granted, partly denied, and held in abeyance as to Jones. Whe n the Board gives public notice of its recommendation about Jones, the Board Defendants must also notify this Court. The Court stays Jason McGehee's execution and enjoins Governor Asa Hutchinson and Arkansas Department of Correction Director Wen dy Kelley from carrying out McGehee's death sentence until the Arkansas Parole Board complies with Ark. Code Ann.§ 16-93-204(e) and until Governor Hutchinson acts on the Board's recommendation. In due course, the Board Defendants must file notice of statutory compliance. Thereafter, whenever the Governor exercises his discretion and acts on the Board's merit recommendation about McGehee, the Governor must file notice of his decision. Signed by Judge D. P. Marshall Jr. on 4/6/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LEDELL LEE, ADC# 97101; JASON McGEHEE;
ST ACEY JOHNSON; BRUCE WARD; MARCEL
WILLIAMS; and KENNETH WILLIAMS

v.

PLAINTIFFS

No. 4:17-cv-194-DPM
No. 4:17-cv-195-DPM
No. 4:17-cv-196-DPM
No. 4:17-cv-197-DPM
No. 4:17-cv-198-DPM
No. 4:17-cv-199-DPM

ASA HUTCHINSON, in his official capacity as
Governor of Arkansas; WENDY KELLEY, in her
official capacity as Director of the Arkansas
Department of Correction; JOHN FELTS, JOHN
BELKEN, ANDY SHOCK, DAWNE BENAFIELD
VANDIVER, JERRY RILEY, ABRAHAM
CARPENTER, JR., and LONA H. McCASTLAIN,
all in their official capacities as Members
of the Arkansas Parole Board

DEFENDANTS

JACK HAROLD JONES, JR.

INTERVENOR
ORDER

For the reasons stated on the record at the end of the hearing, the Court
decides the pending motions as follows.
1. Jones's motion to intervene, Ng 16, is granted. His motion to proceed

in forma pauperis, Ng 15, is granted. The Court defers assessment of the filing
fee, and refers the fee issue to Magistrate Judge Ray to decide in due course.

2. The motions to dismiss, NQ 19 & 20, are partly granted and partly
denied. All of Bruce Ward's claims are dismissed without prejudice for lack of
standing. He's no longer a party.
3. The motion for a preliminary injunction, NQ 3, is partly granted, partly
denied, and held in abeyance as to Jones. When the Board gives public notice
of its recommendation about Jones, the Board Defendants must also notify this
Court.
4. The Court stays Jason McGehee' s execution and enjoins Governor Asa
Hutchinson and Arkansas Department of Correction Director Wendy Kelley
from carrying out McGehee's death sentence until the Arkansas Parole Board
complies with Ark. Code Ann.§ 16-93-204(e) and until Governor Hutchinson
acts on the Board's recommendation. In due course, the Board Defendants
must file notice of statutory compliance. Thereafter, whenever the Governor
exercises his discretion and acts on the Board's merit recommendation about
McGehee, the Governor must file notice of his decision.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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