FILED

Case 2:17-cv-02083-KOB Document 78 Filed 02/23/18 Page 1 of 2

2018 Feb-23 AM 09:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DOYLE LEE HAMM,

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Plaintiff,
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v.
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JEFFERSON S DUNN, COMMISSIONER,
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ALABAMA DEPARTMENT OF
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CORRECTIONS;
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CYNTHIA STEWART, WARDEN,
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HOLMAN CORRECTIONAL FACILITY;
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LEON BOLLING, III, WARDEN,
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DONALDSON CORRECTIONAL FACILITY; ]
OTHER UNKNOWN EMPLOYEES AND
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AGENTS, ALABAMA DEPARTMENT OF
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CORRECTIONS
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Defendants.
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2:17-cv-02083-KOB

ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFF’S EMERGENCY MOTION FOR A HEARING TODAY
This matter is before the court on Plaintiff Doyle Lee Hamm’s “Emergency Motion for a
Hearing Today.” (Doc. 76).
The court GRANTS IN PART AND DENIES IN PART Mr. Hamm’s motion. The court
will hold a hearing on this matter on Monday, February 26, 2018, at 10:00 AM CST, in CR
8, Hugo L Black US Courthouse, Birmingham, Alabama.
The court also GRANTS Mr. Hamm’s request for a full medical examination by
Dr. Mark Heath, to be completed Saturday, February 24, 2018. Defendants must ensure that
Dr. Heath is allowed to bring in all necessary medical equipment, including a camera and
an ultrasound. The court ORDERS Dr. Heath to submit a report of the results of the
examination by no later than 9:00 AM CST on Monday, February 26, 2018.

 Case 2:17-cv-02083-KOB Document 78 Filed 02/23/18 Page 2 of 2

The court will hold a telephone conference today at 12:00 PM CST to discuss the
location of the examination; the logistics of getting Mr. Hamm to both the medical exam
tomorrow and the hearing in Birmingham on Monday; who will be present at the hearing; the
need for any affidavits to be filed before the hearing; and the need for any necessary subpoenas.
The court will set the time for the telephone conference by separate order. The court will send
the parties the call-in information separately.
The court ORDERS Defendants to preserve all evidence that could be relevant to the
hearing, including the clothing Mr. Hamm was wearing at the aborted execution.
DONE and ORDERED this 23rd day of February, 2018.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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