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Docket for 21-5592 *** CAPITAL CASE ***
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No. 21-5592 *** CAPITAL CASE ***
Title:John H. Ramirez, Petitioner
v.
Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al.
Docketed:September 7, 2021
Linked with 21A33
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(21-70004)
   Decision Date:September 6, 2021
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Sep 07 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021)
PetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of ServiceCertificate of Word Count
Sep 07 2021Application (21A33) for a stay of execution of sentence of death, submitted to Justice Alito.
Main Document
Sep 07 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Main DocumentOtherProof of Service
Sep 08 2021Brief of respondent Collier, Bryan, et al. in opposition filed.
Main DocumentProof of Service
Sep 08 2021Reply of applicant John H. Ramirez filed.
Reply
Sep 08 2021Application (21A33) referred to the Court.
Sep 08 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Sep 08 2021The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in October or November 2021.
Sep 09 2021This case is set for argument on Monday, November 1, 2021. Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioner or in support of neither party, are to be filed on or before Monday, September 27, 2021. Respondents' brief on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Friday, October 15, 2021. Petitioner's reply brief is due on or before 2 p.m., Monday, October 25, 2021.
Sep 09 2021ARGUMENT SET FOR Monday, November 1, 2021.
Sep 10 2021The parties are directed to submit briefs that address whether petitioner adequately exhausted his audible prayer claim under the Prison Litigation Reform Act, 42 U.S.C. ยง 1997e(a). The parties are also directed to address whether petitioner has satisfied his burden under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to demonstrate that a sincerely held religious belief has been substantially burdened by restrictions on either audible prayer or physical contact. The parties are further directed to address whether the government has satisfied its burden under RLUIPA to demonstrate its policy is the least restrictive means of advancing a compelling government interest. Finally, the parties are directed to address the type of equitable relief petitioner is seeking, the appropriate standard for this relief, and whether that standard has been met here. See Hill v. McDonough, 547 U. S. 573, 584 (2006) (setting forth a four- factor test for equitable relief). The parties may address other relevant issues, avoiding repetition of discussion in prior briefing.
Sep 13 2021Blanket Consent filed by Petitioner, John Ramirez
Blanket Consent
Sep 13 2021Blanket Consent filed by Respondent, Bryan Collier
Blanket Consent
Sep 21 2021CIRCULATED
Sep 22 2021Motion for leave to file Volume II of the joint appendix under seal filed by respondent Bryan Collier.
Main DocumentProof of Service
Sep 22 2021Lodging proposal letter of respondents filed.
Main DocumentProof of Service
Sep 22 2021Letter in opposition to respondents' lodging proposal filed by petitioner.
Main DocumentMain Document
Sep 23 2021Reply letter regarding lodging proposal filed by respondents.
Main DocumentProof of Service
Sep 23 2021Sur-reply letter regarding respondents lodging proposal filed by petitioner.
Main DocumentProof of Service
Sep 27 2021Joint appendix (Volume I) filed. (Distributed)
Main DocumentProof of Service
Sep 27 2021Brief of petitioner John Ramirez filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amicus curiae of United States in support of neither party filed. (Distributed)
Main DocumentCertificate of Word Count
Sep 27 2021Brief amicus curiae of First Liberty Institute filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of The Freedom From Religion Foundation, et al. in support of neither party filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Alliance Defending Freedom filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Former Prison Officials filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Spiritual Advisors and Former Corrections Officials filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Christian Legal Society, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Religious-Liberty Scholars Douglas Laycock, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Sep 27 2021Brief amici curiae of United States Conference of Catholic Bishops and Texas Catholic Conference of Bishops filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 27 2021Brief amici curiae of Scholars of the PLRA and Prison Grievance Systems filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 29 2021Record requested from the U.S.C.A. 5th Circuit.
Sep 29 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Proof of ServiceMain Document
Oct 01 2021Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Main DocumentProof of Service
Oct 12 2021Motion for leave to file Volume II of the joint appendix under seal GRANTED.
Oct 12 2021Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 12 2021Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
Oct 13 2021Respondents' September 22, 2021 lodging proposal approved, and submission of the non-record materials is requested by the Clerk.
Oct 15 2021Brief of respondents Bryan Collier filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 15 2021Brief amici curiae of Arizona, et al., filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 15 2021Brief amici curiae of Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 15 2021Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Certificate of Word CountMain DocumentProof of Service
Oct 19 2021Respondents' lodging material received (including redacted declaration for public record and the unredacted sealed declaration).
Main DocumentMain Document
Oct 22 2021ARGUMENT RESCHEDULED for Tuesday, November 9, 2021.
Oct 25 2021Reply of petitioner John Ramirez filed. (Distributed)
Main DocumentProof of ServiceProof of Service
Nov 09 2021Argued. For petitioner: Seth Kretzer, Houston, Tex. For United States, as amicus curiae: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.

NAMEADDRESSPHONE
Attorneys for Petitioner
Seth Kretzer
    Counsel of Record
Law Office of Seth Kretzer
9119 South Gessner
105
Houston, TX 77054

seth@kretzerfirm.com
7137753050
Party name: John Ramirez
Attorneys for Respondent
Judd Edward Stone II
    Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
512-936-1700
Party name: Bryan Collier
Jennifer Wren MorrisTexas Attorney General's Office
300 W. 15th St.
Austin, TX 78701

jennifer.morris@oag.texas.gov
5129362991
Party name: Bryan Collier
Other
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Lisa Schiavo Blatt
    Counsel of Record
Williams & Connolly LLP
725 12th Street, NW
Washington, DC 20005

lblatt@wc.com
202-434-5050
Party name: Spiritual Advisors and Former Corrections Officials
Kimberlee Wood Colby
    Counsel of Record
Christian Legal Society
8001 Braddock Rd., Suite 302
Springfield, VA 22151

kcolby@clsnet.org
703-894-1087
Party name: Christian Legal Society, et al.
David C. Frederick
    Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick
1615 M Street, NW, Suite 400
Washington, DC 20036-3209

dfrederick@kellogghansen.com
202-326-7900
Party name: Former Prison Officials
Jennifer Sheffield Freel
    Counsel of Record
Vinson & Elkins LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746

jfreel@velaw.com
512-542-8538
Party name: Scholars of the PLRA and Prison Grievance Systems: Andrea Armstrong, Kitty Calavita, Michele Deitch, Sharon Dolovich, Valerie Jenness, Michael B. Mushlin, Keramet Reiter, and Margo Schlanger
Allyson Ho
    Counsel of Record
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue
Suite 2100
Dallas, TX 75201

aho@gibsondunn.com
214-698-3233
Party name: Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr.
Ginger Jarvis
    Counsel of Record
Office of the Attorney General
2005 N. Central Avenue
Phoenix, AZ 85004

ginger.jarvis@azag.gov
(602) 542-4686
Party name: Arizona, et al.,
Harold Douglas Laycock
    Counsel of Record
University of Virginia Law School
219 Sprigg Lane
Charlottesville, VA 22903

DLAYCOCK@VIRGINIA.EDU
512-656-1789
Party name: Religious-Liberty Scholars Douglas Laycock, et al.
Steven Charles Levatino
    Counsel of Record
LevatinoPace, PLLC
1101 S. Capital of Texas Hwy,. K-125
Austin, TX 78746

steven@lpfirm.com
5126371581
Party name: United States Conference of Catholic Bishops and Texas Conference of Catholic Bishops
Rebecca Susan Markert
    Counsel of Record
Freedom form Religion Foundation
P.O. Box 750
Madison, WI 53701

rmarkert@ffrf.org
(608) 256-8900
Party name: The Freedom From Religion Foundation, American Atheists, and American Humanist Association
Eric Christopher Rassbach
    Counsel of Record
The Becket Fund for Religious Liberty
1919 Pennsylvania Avenue, NW
Suite 400
Washington, DC 20006

erassbach@becketlaw.org
2029550095
Party name: The Becket Fund for Religious Liberty
Gene Clayton Schaerr
    Counsel of Record
Schaerr | Jaffe
1717 K Street NW, Suite 900
Washington, DC 20006

gschaerr@schaerr-jaffe.com
202-787-1060
Party name: Protect the First Foundation
Kent S. Scheidegger
    Counsel of Record
Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816

briefs@cjlf.org
9164460345
Party name: Criminal Justice Legal Foundation
Gordon Dwyer Todd
    Counsel of Record
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

gtodd@sidley.com
(202) 736-8000
Party name: Alliance Defending Freedom
Michael John Walsh Jr.
    Counsel of Record
Foley & Lardner LLP
3000 K Street, N.W.
Suite 600
Washington, DC 20007

mike.walsh@foley.com
2022954040
Party name: First Liberty Institute

 

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