Parker v. Siemens-Allis, Inc. Findings of Fact and Conclusions of Law

    IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

  

) CIVIL ACTION FILE 

WARREN MCCLESKEY, ) 

) NO. 1:87-cv~1517~-JOF 
Plaintiff, ) 

) 
vs, ) 

) 
RALPH M. KEMP, WARDEN, ) 

) 
Defendant. ) 

) 

ORDER 
  

Upon application of ROBERT H. STROUP, counsel for the 

plaintiff in this action, the Court hereby grants a leave of 

absence for the period from June 9, 1988 to and including June 

27, 1988, 

IT IS SO ORDERED. 

This -.day of 7.51988, 
  

  

UNITED STATES DISTRICT JUDGE 

 



  

CERTIFICATE Of SERVICE 
  

I hereby certify that I have this day served a copy of 

within and foregoing pleadings upon: 

Mary Beth Westmoreland, Esq. 

Assistant Attorney General 
132 State Judicial Bldg. 
Atlanta, Georgia 30334 

counsel of record for defendants, by depositing a copy of same in 

the United States Mail, first-class postage prepaid. 

j SU ( 
This | == day of Ofte , 1988, 

v 
  

the 

Cetera Fao, , 
  

ROBERT H. STROUP bic 

 



  

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

CIVIL ACTION FILE 

WARREN MCCLESKEY, 

NO. 1:87-cv~-1517-JOF 

Plaintiff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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APPLICATION FOR LEAVE OF ABSENCE 
  

Comes now counsel for plaintiffs, ROBERT H. STROUP, in the 

above-captioned action, and applies to this Court for a leave of 

absence for the period from June 9, 1988 to and including June 

27, 1988, 

Counsel seeks this application because he anticipates being 

out of the country on vacation during that time period. 

Respectfully submitted, 

  

Ta. 8 CX Se 0 EOE. Fee 
ROBERT H. STROUP V 
141 Walton Street, N. W. 

Atlanta, Georgia 30303 
(404) 522-8500 

Ga. Bar No. 6892175 

JOHN CHARLES BOGER 

99 Hudson Street 

New York, NY 10013 

(212) 219-1900 

ATTORNEYS FOR PLAINTIFF 

 



  

CERTIFICATE Of SERVICE 
  

I hereby certify that I have this day served a copy of the 

within and foregoing pleadings upon: 

Mary Beth Westmoreland, Esq. 
Assistant Attorney General 
132 State Judicial Bldg. 
Atlanta, Georgia 30334 

counsel of record for defendants, by depositing a copy of same in 

the United States Mail, first-class postage prepaid. 

  This 1% gay of VII's ; 21988. 

U 

Forbert HK Cccp 
  

ROBERT H. STROUP 

 



  

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

CIVIL ACTION FILE 

WARREN MCCLESKEY, 

NO. :1:87-cv~1517-JOF 

Plaintiff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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ORDER 
  

Upon application of JOHN CHARLES BOGER, counsel for the 

plaintiff in this action, the Court hereby grants a leave of 

absence for the period from July 7, 1988 to and including July 

28, 1988. 

IT IS SO ORDERED. 

This day of , 3988, 
  

  

UNITED STATES DISTRICT JUDGE 

 



  

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

CIVIL ACTION FILE 

WARREN MCCLESKEY, 

NO. 1:87-cv-1517-J0OF 

Plaintiff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

  

APPLICATION FOR LEAVE OF ABSENCE 
  

Comes now counsel for plaintiffs, JOHN CHARLES BOGER, in the 

above-captioned action, and applies to this Court for a leave of 

absence for the period from July 7, 1988 to and including July 

28, 1988. 

Counsel seeks this application because he anticipates being 

out of the country on vacation during that time period. 

Respectfully submitted, 

  

ROBERT H. STROUP 

141 Walton Street, N. 

Atlanta, Georgia Ea 
(404) 522-8500 

Ga. Bar No. 689175 

Spt Chardes By (by) 

JOHN CHARLES BOGER 

99 Hudson Street 

New York, NY 10013 

(212) 219-1900 

ATTORNEYS FOR PLAINTIFF 

 



  

N 

IN THE UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 57 

LUTHER D. THOMAS Clerk ATLANTA DIVISION mein 

CIVIL ACTION FILE 

WARREN MCCLESKEY, 

NO. 1:87~-cv~1517-JOF 

Plaintiff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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APPLICATION FOR LEAVE OF ABSENCE 
  

Comes now counsel for plaintiffs, JOHN CHARLES BOGER, in the 

above-captioned action, and applies to this Court for a leave of 

absence for the period from July 7, 1988 to and including July 

28,1988. 

Counsel seeks this application because he anticipates being 

out of the country on vacation during that time period. 

Respectfully submitted, 

  

Opt Charles ye (by) 
ROBERT H. STROUP 

141 Walton Street, N. 

Atlanta, Georgia 30303 
(404) 522-8500 

Ga. Bar No. 689175 

JOHN CHARLES BOGER 

99 Hudson Street 

New York, NY 10013 

(212) 219-1900 

ATTORNEYS FOR PLAINTIFF 

 



  

CERTIFICATE Of SERVICE 
  

I hereby certify that I have this day served a copy of the 

within and foregoing pleadings upon: 

Mary Beth Westmoreland, Esq. 

Assistant Attorney General 
132 state Judicial Bldg. 
Atlanta, Georgia 30334 

counsel of record for defendants, by depositing a copy of same in 

the United States Mail, first-class postage prepaid. 

i 1988, 
  

This 12 sey of \V Iss 
v 

  

a H. STROUP 

 



  

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

? $ITHIER 
LUTTE we 

WARREN MCCLESKEY, 

Plaintiff, 

vs. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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CIVIL ACTION FILE 

NO. 1:87-cv-1517-J0F 

ORDER 
  

Upon application of JOHN CHARLES BOGER, counsel for the 

plaintiff in this action, the Court hereby grants a leave of 

absence for the period from July 7, 

28,:1988. 

IT IS SO ORDERED. 

This day of 

1988 to and including July 

ry. 1988. 
  

  

UNITED STATES DISTRICT JUDGE 

 



The Department of Lato 

State of Georgia 

Atlanta 
MICHAEL J. BOWERS 30334 132 STATE JUDICIAL BUILDING 

ATTORNEY GENERAL TELEPHONE (404) 656-3300 

  

          

  

June 13, 1988 

Honorable J. Owen Forrester 
United States District Judge 
2367 United States Courthouse 
75 Spring Street, S.W. 
Atlanta, Georgia 30303 

RE: Warren McCleskey v. Ralph Kemp, Civil Action No. 
1:87-cv-1517-J0F. 
  

Dear Judge Forrester: 

I am writing to advise you of the entry of the order by Judge 
Vining in the case of Bernard Depree v. Lanson Newsome, 
allowing the Respondent in that case to take the deposition of 
Offie Gene Evans. As you know, Mr. Depree is the codefendant 
of Mr. McCleskey. This is simply for your information in 
consideration of our motion for relief from judgment previously 
filed in the above-styled case. I also want to confirm what I 
had advised your office by telephone, that is, that the 
Eleventh Circuit Court of Appeals stayed the briefing schedule 
in the case pending your disposition of our motion. 

  

Thank you for your consideration in this matter. 

Sincerely, 

ar rg 
~~. Sf ) of ; ¥ ; 7 9 ’ 

[ec Dsth dokasbrecede x A 

MARY BETH WESTMORELAND 

Assistant Attorney General 

MBW:caa 

i Robert H. Stroup 
141 Walton Street, N.W. 
Atlanta, Georgia 30303 

John Charles Boger 
99 Hudson Street 
New York, New York 10013 

 



  

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

WARREN McCLESKEY, * 
* CIVIL ACTION 

Petitioner, : NO. 1:87-CV~1517-JOF 
* 

V. * HABEAS CORPUS 

* 28:U.8.C..'§ 2254 
RALPH KEMP, Warden, * 

* 

Respondent. * 

BERNARD DEPREE, * 
* CIVIL ACTION 

Petitioner, * NO. 1:85=-CV~3733-RLV 
* 

Y, * HABEAS CORPUS 
% 28 0.8... S$ 2254 

LANSON NEWSOME, Warden, * 
* 

* Respondent. 

NOTICE OP DEPOSITION 
  

Please be advised that counsel for the respective 

Respondents in the above-styled cases will take the deposition 

of Offie Gene Evans, pursuant to leave of court granted in both 

cases, on July 13, 1988, at 9:00 a.m... The deposition will be 

taken at the conference room on the third floor of the Fulton 

County Courthouse, 136 Pryor Street, 8.W., Atlanta, Georgia, 

30303; or alternatively in the courtroom of the Honorable 

Robert L. Vining on the 21st floor of the Richard Russell 

Building, 75 Spring Street, Atlanta, provided counsel for the 

 



  

Petitioner makes the appropriate arrangements for the 

transportation and presence of the Deponent and actual 

notification of said arrangements are provided to counsel for 

the Respondent by counsel for the Petitioner no later than 4:00 

p.m. on Tuesday, July 12, 1933. 

Respectfully submitted, 

MICHAEL J. BOWERS 071650 
Attorney General 

MARION O. GORDON 302300 

First Assistant Attorney General 

: . : 2 . 

WILLIAM B. HILL, JR. 354725 

Senior Assistant Attorney General 

  

     VA7% pa 
STMORELAND 750150 

Assistant Attorney General 

MARY BETH WESTMORELAND 

132 state Judicial Building 
40 Capitol Square, S. W. 
Atlanta, Georgia 30334 
(404) 656-3349 

 



  

» CERTIFICATE OF SERVICE 

I do hereby certify that I have this day served 

the within and foregoing Notice of Deposition, prior to 

filing the same, by depositing a copy thereof, postage 

prepaid, in the United States Mail, properly addressed 

upon: 

Corinne Mull-Milsteen 
Suite 601, Flatiron Building 
84 Peachtree Street 
Atlanta, Georgia 30303 

(Service upon Ms. Mull-Milsteen also made by 
Facsimile transmission to Telephone 
No. 584-0824). 

Robert H. Stroup 
141 Walton Street, N.W. 

Atlanta, Georgia "30303 

John Charles Boger 
99 Hudson Street 

New York, New York 10013 

Offie Gene Evans 
Fulton County Jail 
1135 Jefferson Street, N.W. 
Atlanta, Georgia 30318 

Mr. Kenneth Feldman 

40 Marietta Street 

Suite 1050 

Atlanta, Georgia 30303 

This = day of July, 1988. 
  

     

    assistant Attorney General 

 



ORIGINAL 
FILED IN CLERK'S OFFICE 

  

.8.D.C. - Atlanta 
IN THE UNITED STATES DISTRICT COURT 

Wa _ G“" NORTHERN DISTRICT OF GEORGIA 
was rag ATLANTA DIVISION 
vl et wit Wis 

2 il : 
i CIVIL ACTION FIL 

  

WARREN MCCLESKEY, 

NO. 1:87-cv-1517-J0OF 
Plaintciff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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ORDER 
  

Upon application of JOHN CHARLES BOGER, counsel for the 

plaintiff in this action, the Court hereby grants a leave of 

absence for the period from July 7, 1988 to and including July 

28, 1988. 

IT 1S SO ORDERED. 

This day of r%1988, 
  

  

UNITED STATES DISTRICT JUDGE 

LEAVE OF ABSENCE GRAN 

r i indi ced YOR PERIOD 

DATE 2 — 

PY DIRECTION OF THE COURT 

  

    

Cr 

 



ORIG NAL 

IN THE UNITED STATES DISTRICT COURT 
a . CG“ NORTHERN DISTRICT OF GEORGIA 

Path Pu te ATLANTA DIVISION 

FILED IN CLERK'S OFFICE 

8.D.C.- Atlanta      
Civil ACTION nk 

WARREN MCCLESKEY, 

NO. 1:87-cv-1517-J0OF 
Plaintiff, 

VS. 

RALPH M. KEMP, WARDEN, 

Defendant. 

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ORDER 
  

Upon application of JOHN CHARLES BOGER, counsel for the 

plaintiff in this action, the Court hereby grants a leave of 

absence for the period from July 7, 1988 to and including July 

23, 1988, 

IT IS SO ORDERED. 

This day of r:1988, 
  

  

UNITED STATES DISTRICT JUDGE 

LEAVE OF ABSENCE G 

JH ie indi call 
TOR PERIOD 

DATE 4 - 

7Y DIRECTION OF THE COURT 

Lido). Ay 

  

  

  

outy Clark 

 



The Department of Lato 
State of Georgia 

Atlas nta 
132 STATE JUDICIAL BUILDING 

MICHAEL J. BOWERS 30334 TELEPHONE (404) 656-3300 

ATTORNEY GENERAL FAX (404) 651-9148 

  

      

  

November 17, 1988 

Mr. Matt Davidson, Deputy Clerk 
United States Court of Appeals 
Eleventh Circuit 
56 Forsyth Street, N. W. 
Atlanta, Georgia 30303 

RE: Warren McCleskey v. Ralph Kemp, No. 88-8085 
  

Dear Mr. Davidson: 

Pursuant to your telephonic request, I am submitting the 
instant status report regarding the above-styled case. As you 
will recall, the Court stayed the briefing schedule on appeal 
pending the resolution of a motion for relief from final 
judgment pursuant to rule 60(b), to be filed in the United 
States District Court. Counsel for Ralph Kemp filed said 
motion in the District Court on or about May 6, 1988. Since 
that time, various pleadings have been filed in the District 
Court. That court allowed discovery to be taken for the 
purposes of examining the Rule 60(b) motion. Various 
interrogatories were responded to and the deposition was taken 
of Offie Evans, the witness in question. Counsel for McCleskey 
has also filed a motion to expand the record in the District 
Court. 

Recently, the District Court contacted counsel and inquired as 
to whether counsel needed either argument or an evidentary 
hearing on the motion itself and counsel advised such was not 
necessary. Thus, both parties are simply awaiting a ruling 
from the District Court on the Rule 60(b) motion and the 
various other pleadings filed in conjunction therewith. 

 



  

Mr. Matt Davidson 
November 17, 1988 
Page 2 

I hope this is responsive to your request. 

Sincerely, 

Ro / : / / 7 

7) (Beth Ditelsnenc bee 

MARY BETH WESTMORELAND 

Senior Assistant 
District Attorney 

MBW: jw 

CC: Mr. Robert H., Stroup 
141 Walton Street 

Atlanta, Georgia 30303 

Mr. John Charles Boger 
99 Hudson Street 
16th Floor 
New York, New York 10013 

 



  

UNITED: STATES DISTRICT COURT 

NORTHERN DISTRICT OF GEORGIA 

ATLANTA DIVISION 

WARREN MCCLESKEY, CIVIL ACTION "NO. 

1:87-Cv-1517-J0F 

Petitioner, 

Ve HABEAS CORPUS 

28 0.8.C. §.2254 
RALPH M. KEMP, WARDEN 

* 
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* 

A 
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Respondent. 

NOTICE OF APPEAL 
  

Notice is hereby given that the above-named Respondent, by 

counsel, hereby appeals to the United States Court of Appeals 

for the Eleventh Circuit from the order signed by this Court on 

January 6, 1989, filed in: the clerk's office on January 10, 

1989, and entered on the docket on January 11, 1989, denying 

Respondent's motion for relief from judgment based on ils 

60(b) of the Federal Rules of Civil Procedure. This notice of 

appeal is in addition to the notice of appeal previously filed 

in this Court on January 15, 1985, appealing the original 

judgment entered by this Court on December 23, 1987, and 

Respondent is specifically appealing the original judgment as 

previously noticed and also from the order denying the motion 

for relief from judgment. 

The clerk will please prepare and transmit the entire 

record, particularly including any documents not previously 

7  



  

submitted to the United States Court of Appeals for the 

Eleventh Circuit based upon the earlier notice of appeal, and 

including all transcripts and exhibits, omitting nothing from 

the record on appeal. 

This day of January, 1989, 

Respectfully submitted, 

MICHAFL J. 

Attorne 

H.: PERRY 

BOWERS 071650 
y General 

MICHAEL 504000 
Executive Assistant 

Attorney General 

A Wane )B. Alcea). 
  

WILLIAM B. 
Deputy Attorney General 

HILL, JR. Tf 354725 

hr sari role ih 
  

SUYAN V. BOLEYN (| 065850 
Senior Assistant Attorney General 

10) tid gs) Seth le aa £. Ue PV zs 2 
  

MARY /IBETH TIAA 750150 
Seni@dr Assistant Attorney General 

Please serve: 

MARY BETH WESTMORELAND 

132 State Judicial Building 
40 Capitol Square 
Atlanta, Georgia 30334 

(404) 656-3349  



  

CERTIFICATE OF SERVICE 

I do hereby certify that I have this day served 

the within and foregoing NOTICE OF APPEAL, prior to filing 

the same, by depositing a copy thereof, postage prepaid, 

in the United States Mail, properly addressed upon: 

Robert H. Stroup 

141 Walton Street 

Atlanta, GA ,.30303 

John Charles Boger 

99 Hudson Street 
lth Floor 

New York, New York 10013. 

This j/7/4 day of January, 1989. 

  

AVL: oA pr SL 77 / 
1. / WL PZ ad Xl) od Jd 0, lel LF 2 

MARY/ BETH WESTMORELAND hse 

Sendor Assistant 

Attorney General