Carey v. Wolnitzek et al

Filing 131

ORDER: 1) Carey's Motion for Voluntary Dismissal 126 , which was premised upon the fact that Bauer was pending before the Supreme Court, is DENIED as moot; and 2) this matter is set for a telephonic scheduling conference on September 7, 2011 at 10:00 a.m. Chambers will initiate the call. Signed by Judge Karen K. Caldwell on 8/29/2011.(CBD)cc: COR, Lex Diary

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at FRANKFORT

CIVIL ACTION NO. 3:06-cv-36-KKC
MARCUS CAREY,
v.

PLAINTIFF,
OPINION AND ORDER

STEPHEN D. WOLNITZEK, et al.,

DEFENDANTS

**********
This matter is before the Court on the Motion for Voluntary Dismissal [DE 126] filed by the
Plaintiff, Marcus Carey. In his motion, Carey seeks to voluntarily dismiss his one unresolved claim
in this case: a claim that Canon 5(B)(1)(c)) (the “Commits Clause”) of the Kentucky Code of Judicial
Conduct is unconstitutional on its face. Carey asks that his challenge to the Commits Clause be
dismissed given the possibility that the Supreme Court may grant certiorari in Bauer v. Shepard, No.
10-425, and that any resulting decision in that case may finally resolve the constitutionality of the
Commits Clause.
This Court previously stayed the deadlines for filing answers or responsive pleadings to
Carey’s amended complaint challenging the constitutionality of the Commits Clause pending
resolution of Bauer. The Court further ordered that, upon resolution of that case, the Court would
set a telephonic conference to discuss scheduling in this matter. [DE 123].
Carey has now filed a Notice with the Court stating that the Supreme Court denied certiorari
in Bauer. Accordingly, the Court hereby ORDERS as follows:

1)

Carey’s Motion for Voluntary Dismissal [DE 126], which was premised upon the fact
that Bauer was pending before the Supreme Court, is DENIED as moot; and

2)

this matter is set for a telephonic scheduling conference on September 7, 2011 at
10:00 a.m. Chambers will initiate the call.

Dated this 29th day of August, 2011.