ORDER LIST 06/24/13 (2013)

MONDAY, JUNE 24, 2013

CERTIORARI -- SUMMARY DISPOSITIONS

11-9873 DOTSON, CARLOS V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

States Court of Appeals for the Sixth Circuit for further

consideration in light of Alleyne v. United States, 570 U.S. ___

(2013).

12-245 ) MERCK & CO., INC. V. LA WHOLESALE DRUG CO., ET AL.

)

12-265 ) UPSHER-SMITH LABORATORIES, INC. V. LA WHOLESALE DRUG CO., ET AL.

The petitions for writs of certiorari are granted. The

judgment is vacated, and the cases are remanded to the United

States Court of Appeals for the Third Circuit for further

consideration in light of FTC v. Actavis, Inc., 570 U.S. ___

(2013). Justice Alito took no part in the consideration or

decision of these petitions.

12-6558 DeLEON, ROBERTO E. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United                States Court of Appeals for the Fourth Circuit for further

consideration in light of Alleyne v. United States, 570 U.S.

___ (2013).

12-7274 GRAHAM, LARONE V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

States Court of Appeals for the Second Circuit for further

consideration in light of Alleyne v. United States, 570 U.S. ___

(2013).

12-7398 MUBDI, MANTEL D. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United                States Court of Appeals for the Fourth Circuit for further

consideration in light of Alleyne v. United States, 570 U.S.

___ (2013).

12-7525 SHAVER, GLORIOUS, ET AL. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

States Court of Appeals for the Third Circuit for further

consideration in light of Alleyne v. United States, 570 U.S. ___

(2013).

12-7568 ASTORGA, MATTHEW V. KANSAS

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the Supreme

Court of Kansas for further consideration in light of Alleyne v.

United States, 570 U.S. ___ (2013).

12-7769 BARNES, JEREMY V. UNITED STATES

12-8236 BARTON, LOUIS C. V. UNITED STATES

The motions of petitioners for leave to proceed in forma

pauperis and the petitions for writs of certiorari are granted.

The judgments are vacated, and the cases are remanded to the                 United States Court of Appeals for the First Circuit for further

consideration in light of Alleyne v. United States, 570 U.S. ___

(2013).

12-8298 JORDAN, STEVEN B. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

      States Court of Appeals for the Eleventh Circuit for further

consideration in light of Alleyne v. United States, 570 U.S.

___ (2013).

12-8317 DAVIS, MILO V. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the

United States Court of Appeals for the Eighth Circuit for

further consideration in light of Alleyne v. United States,

570 U.S. ___ (2013).

12-8411 SMARR, BENJAMIN D. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

      States Court of Appeals for the Eleventh Circuit for further

consideration in light of Alleyne v. United States, 570 U.S.

___ (2013).

12-8683 ABRAHAMSON, MICHAEL B. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis and the petition for a writ of certiorari are granted.

The judgment is vacated, and the case is remanded to the United

States Court of Appeals for the Eighth Circuit for further

consideration in light of Alleyne v. United States, 570 U.S.

___ (2013).

ORDERS IN PENDING CASES

12M135 LOYAL, AL-QUAN R. V. UNITED STATES

The motion for leave to file a petition for a writ of

certiorari with the supplemental appendix under seal is granted.

12M136 THOMAS, WILLIAM H. V. OLSON, ROSS A.

12M137 MORALES, CATALINO V. DISTRICT ATT'Y, ET AL.

The motions to direct the Clerk to file petitions for writs

of certiorari out of time are denied.

12M138 DRUAN, ELLEN V. NH DEPT. OF ENVTL. SERVICES

The motion to direct the Clerk to file a petition for a writ

of certiorari out of time under Rule 14.5 is denied.

12M139 MITCHELL, MICHELLE L. V. FLANNERY, KEVIN T.

The motion to direct the Clerk to file a petition for a writ

of certiorari out of time is denied.

12M140 IN RE GRAND JURY PROCEEDINGS

The motion for leave to file a petition for a writ of

certiorari under seal with redacted copies for the public record

is granted.

12-786 ) LIMELIGHT NETWORKS, INC. V. AKAMAI TECHNOLOGIES, ET AL.

)

12-960 ) AKAMAI TECHNOLOGIES, INC., ET AL V. LIMELIGHT NETWORKS, INC.

The Solicitor General is invited to file a brief in these

cases expressing the views of the United States. Justice Alito

took no part in the consideration or decision of these

           petitions.

12-872 MADIGAN, LISA, ET AL. V. LEVIN, HARVEY N.

The motion of petitioners to dispense with printing the

joint appendix is granted.

12-1078 SAMANTAR, MOHAMED A. V. YOUSUF, BASHE A., ET AL.

The Solicitor General is invited to file a brief in this

case expressing the views of the United States. Justice Kagan

took no part in the consideration or decision of this petition.

12-8561 PAROLINE, DOYLE R. V. UNITED STATES, ET AL.

The motion of petitioner for reconsideration of order

denying leave to proceed in forma pauperis is granted. The

order entered June 10, 2013, is vacated.

12-9771 FENTON, PERCIVAL N. V. UNITED STATES

The motion of petitioner for reconsideration of order

denying leave to proceed in forma pauperis is denied.

12-9994 ETTLIN, DENNIS V. USDC CD CA

12-10107 SARRESHTEDARI, MEHDI V. CALIFORNIA

The motions of petitioners for leave to proceed in forma

pauperis are denied. Petitioners are allowed until July 15,

           2013, within which to pay the docketing fees required by Rule

           38(a) and to submit petitions in compliance with Rule 33.1 of

           the Rules of this Court.

CERTIORARI GRANTED

12-99 UNITE HERE LOCAL 355 V. MULHALL, MARTIN, ET AL.

12-515 MICHIGAN V. BAY MILLS INDIAN COMMUNITY

The petitions for writs of certiorari are granted.

12-820 LOZANO, MANUEL J. V. ALVAREZ, DIANA L.

The petition for a writ of certiorari is granted limited

to Question 1 presented by the petition.

12-930 MAYORKAS, ALEJANDRO, ET AL. V. DE OSORIO, ROSALINA C., ET AL.

12-1168 McCULLEN, ELEANOR, ET AL. V. COAKLEY, ATT'Y GEN. OF MA

The petitions for writs of certiorari are granted.

12-1182 ) EPA, ET AL. V. EME HOMER CITY, ET AL.

)

12-1183 ) AMERICAN LUNG ASSN., ET AL. V. EME HOMER CITY, ET AL.

The petitions for writs of certiorari are granted limited                 to the questions presented by the petition in No. 12-1182.

The cases are consolidated and a total of one hour is allotted

for oral argument.

12-1200 EXEC. BENEFITS INSUR. AGENCY V. ARKISON, PETER H.

12-1208 UBS FINANCIAL SERVS., ET AL. V. UNION DE EMPLEADOS DE MUELLES

The petitions for writs of certiorari are granted.

12-1281 NLRB V. NOEL CANNING, ET AL.

The petition for a writ of certiorari is granted. In                      addition to the questions presented by the petition, the parties

           are directed to brief and argue the following question: Whether            the President's recess-appointment power may be exercised when                 the Senate is convening every three days in pro forma sessions.

CERTIORARI DENIED

11-1485 YOUNG, CHRIS V. FITZPATRICK, JOSEPH S., ET AL.

11-1536 LUCAS, TREVOR V. UNITED STATES

12-300 PFIZER, INC. V. LAW OFFICES OF PETER G. ANGELOS

12-573 PALATINE, IL V. SENNE, JASON M.

12-865 WESTMORELAND COAL CO. V. SHARPE, MAE ANN, ET AL.

12-980 NEVADA, ET AL. V. RELIANT ENERGY, INC., ET AL.

12-986 WILSON, ERIC C. V. FLAHERTY, SUPT., VA DSP

12-1016 POLYPORE INT'L, INC. V. FEDERAL TRADE COMMISSION

12-1025 PLAINSCAPITAL CORP., ET AL. V. UNITED STATES

12-1033 MOMENTA PHARMACEUTICALS, ET AL. V. AMPHASTAR PHARMACEUTICALS

12-1044 DONALDSON, ROBERT D. V. DEPT. OF HOMELAND SECURITY

12-1055 ) GROCERY MANUFACTURERS, ET AL. V. EPA, ET AL.

)

12-1167 ) ALLIANCE OF AUTO MFRS., ET AL. V. EPA, ET AL.

)

12-1229 ) AM. FUEL & PETROCHEMICAL, ET AL. V. EPA, ET AL.

12-1073 LOS ANGELES, CA V. LAVAN, TONY, ET AL.

12-1118 APUZZO, JOSEPH F. V. SEC

12-1151 PITTS, ERNEST V. SHINSEKI, SEC. OF VA

12-1158 MIRROR WORLDS V. APPLE INC.

12-1175 JEFFERSON CTY. SCH. DIST. R-1 V. ELIZABETH E.

12-1250 BOOK, ETHAN V. PARKS, KIMBERLY, ET AL.

12-1258 HILL, ALBERT G. V. SCHILLING, WILLIAM, ET AL.

12-1262 CAMPBELL, PATSY L., ET AL. V. COMMERCIAL SERVICE OF PERRY

12-1263 HALL, MICHELLE G. V. SEABOLT, WARDEN

12-1264 GARCIA, FANNIE V. LAREDO, TX, ET AL.

12-1266 HOLKESVIG, RANDY V. MOORE, CHRISTINE R.

12-1277 VUYYURU, LOKESH, ET AL. V. JADHAV, GOPINATH, ET AL.

12-1288 ADAMS, CHARLES, ET AL. V. RAINTREE VACATION EXCH., ET AL.

12-1289 INSTANT REPLAY SPORTS, ET AL. V. ALLSTATE INSURANCE CO.

12-1304 ROSELLINI, KENNETH, ET AL. V. JACK SILVERMAN REALTY, ET AL.

12-1333 McDONALD, JESSIE D. V. COOPER, ROBERT E.

12-1340 AUSTAL USA, LLC V. ADAMS, EARATON, ET AL.

12-1357 MARTINEZ, MICHELLE, ET AL. V. MAVERICK COUNTY, TX, ET AL.

12-1360 BOWERS, STEPHEN M. V. BD. OF REGENTS UNIV. SYS. OF GA

12-1365 CLEARPLAY, INC. V. NISSIM CORP., ET AL.

12-1373 MITAN, KENNETH V. UNITED STATES

12-1379 HUNTER, HORACE F. V. VIRGINIA STATE BAR

12-6571 DORSEY, DEVAUGHN V. UNITED STATES

12-6807 SANTACRUZ, PIOQUINTO L. V. UNITED STATES

12-7971 SKINNER, MELVIN V. UNITED STATES

12-8414 RIZK, HASSAN V. PRELESNIK, WARDEN

12-8731 CAGE, JOSEPHINE L. V. COLVIN, ACTING COMM'R, SSA

12-8807 MITCHELL, RAYMOND V. UNITED STATES

12-8823 CAMPBELL, MARCUS V. UNITED STATES

12-8866 TAYLOR, AARON V. UNITED STATES

12-9340 MARTINEZ, KENNETH L. V. DISTRICT ATT'Y OF SAN JOAQUIN

12-9341 JENKINS, ROBERT V. MISSISSIPPI

12-9354 GRIM, FREDERICK D. V. MISSISSIPPI

12-9386 PONTICELLI, ANTHONY J. V. CREWS, SEC., FL DOC, ET AL.

12-9391 BOYD, ANTHONY V. THOMAS, COMM'R, AL DOC

12-9524 SINGLETARY, ESTELLE V. DEPT. OF H&HS

12-9790 DILBERT, CLIFFORD V. DAVIS, WARDEN

12-9793 TREVINO, RENE G. V. BEARD, SEC., CA DOC, ET AL.

12-9799 SARTORI, ROBERT V. NORTH CAROLINA

12-9809 RUSHING, BRANDON G. V. TEXAS

12-9810 BRATTON, RONALD V. PEREZ, MARGARITA, ET AL.

12-9814 DeSUE, MICHAEL C. V. FL DOC

12-9817 TORRES, DANIEL V. HARTLEY, WARDEN

12-9821 SANTOS, JOSE V. NEW JERSEY

12-9830 BROWN, STEVEN G. V. FLORIDA

12-9839 LESURE, SHANARD V. ATCHISON, WARDEN

12-9840 JONES, FELICIA N. V. TOLL BROTHERS

12-9845 CARTER, LARRY V. ILLINOIS

12-9851 JEMISON, BERNARD V. CULLIVER, GRANTT, ET AL.

12-9852 LOVATO LUCERO, KATHRYN V. NM DEPT. OF WORKFORCE SOLUTIONS

12-9868 ESTRIN, LEO V. CALIFORNIA

12-9869 MACK, EVYN V. BITER, WARDEN

12-9870 LEWIS, LINDA V. WAXAHACHIE, TX, ET AL.

12-9872 ROBINSON, JOHN V. NEW JERSEY

12-9878 KANODE, MICHAEL V. SWOPE, JUDGE, ETC., ET AL.

12-9883 ROBLES, GABRIEL M. V. STATE FARM INSURANCE, ET AL.

12-9884 SCOTT, THOMAS D. V. MULE CREEK STATE PRISON, ET AL.

12-9889 MOORE, GARY B. V. ZAPPA, S., ET AL.

12-9893 BUSH, DEBORAH V. STEVENSON COMMONS ASSOC., ET AL.

12-9926 PHILLIPS, CORELANIUS T. V. HOBBS, DIR., AR DOC

12-9973 HOARD, ROBERT V. KLEE, PAUL

12-10000 JOHNSON, KEITH V. CHAPPIUS, SUPT., ELMIRA

12-10009 ODOM, CURTIS V. DOAR, ROBERT, ET AL.

12-10059 JENNINGS, LAURA A. V. HAGEL, SEC. OF DEFENSE

12-10117 EDWARDS, DeJUAN M. V. SCUTT, WARDEN, ET AL.

12-10127 WASHINGTON, LESTER L. V. EAST BATON ROUGE PARISH SCHOOL

12-10131 WADDELL-EL, ALTON V. YOUNG, WARDEN

12-10137 MOFFAT, CLIFTON P. V. SMITH, WARDEN

12-10174 THOMAS, FORREST V. MISSISSIPPI

12-10177 ADAMS, BARRY W. V. SMITH, WARDEN

12-10200 WILLIAMS, SPENCER V. WOLFENBARGER, WARDEN

12-10210 BALLINGER, DWAYNE V. PRELESNIK, WARDEN

12-10256 JOHNSON, DAVID L. V. NEW JERSEY

12-10259 BAKER, JOHN P. V. RYAN, DIR., AZ DOC, ET AL.

12-10269 BHAMBRA, HARJIT V. UNITED STATES

12-10302 GARCIA, MARTIN V. UNITED STATES

12-10312 SHELTON, NORMAN N. V. ROHRS, R., ET AL.

12-10318 COOPER, LOVE T. V. UNITED STATES

12-10320 CRUZ, HECTOR V. UNITED STATES

12-10323 SCHNEIDER, STEPHEN J., ET UX. V. UNITED STATES

12-10324 SLAUGHTER, CHESTER R. V. UNITED STATES

12-10335 ARRIAGA-MORALES, JOSE V. UNITED STATES

12-10337 CARRERA-DIAZ, JOSE L. V. UNITED STATES

12-10341 RODRIGUEZ, JUAN O. V. UNITED STATES

12-10342 SNEAD, EDDIE W. V. UNITED STATES

12-10343 THREATT, JAMES W. V. UNITED STATES

12-10345 WADE, JULIAN V. UNITED STATES

12-10360 CONNER, STEVEN W. V. CIR

12-10363 KENNEDY, JOSEPH V. UNITED STATES

12-10373 ASAR, DIFANKH V. UNITED STATES

12-10374 JOHNSON, DAMARCUS V. UNITED STATES

12-10383 LLOYD, SAMUEL V. UNITED STATES

12-10385 LONDONO, RUBEN D. V. UNITED STATES

12-10387 LOWERY, QUALO M. V. UNITED STATES

12-10389 AKITI, ANTHONY V. UNITED STATES

12-10391 CAUDILL, JOHNATHON D. V. UNITED STATES

12-10392 DARDEN, CLIFFORD V. UNITED STATES

12-10393 CORDOVA, DERICK E. V. UNITED STATES

12-10394 CARTER, QUITMAN V. UNITED STATES

12-10401 RAMIREZ, EDGAR A. V. UNITED STATES

12-10404 REID, KENNETH R. V. UNITED STATES

12-10406 ARMENDARIS-RAMOS, EDUARDO V. UNITED STATES

12-10407 DOWD, MATTHEW E. V. UNITED STATES

12-10409 VAUGHAN, BEAU C. V. UNITED STATES

12-10410 WITHERSPOON, SHONTONIO L. V. UNITED STATES

12-10415 SPRAGLING, MICHAEL L. V. UNITED STATES

12-10419 EVANS, ROBERT E. V. UNITED STATES

12-10422 TURNER, MICHAEL V. PASTRANA, WARDEN

12-10431 MARTE, JOSE M. V. UNITED STATES

12-10432 LAM, TANH H. V. UNITED STATES

12-10438 LEGRANO, JOSEPH V. UNITED STATES

12-10439 RAMIREZ-PEREZ, RAFAEL V. UNITED STATES

12-10450 ERHABOR, EKUNDAYO A. V. UNITED STATES

12-10452 CONZELMANN, SCOTT A. V. UNITED STATES

12-10453 MELENDEZ, JONATHAN V. UNITED STATES

12-10455 GARCIA-ROQUE, DAVID V. UNITED STATES

12-10456 GARCIA, ROBERT V. UNITED STATES

12-10460 DAVIS, DARRYL L. V. UNITED STATES

12-10461 CARAWAY, ROMILUS V. UNITED STATES

12-10462 CAVOUNIS, CHRISTOPHER V. UNITED STATES

12-10467 BLOUNT, WENDELL G. V. UNITED STATES

12-10471 WILLIAMS, JOSEPH E. V. UNITED STATES

12-10472 WILSON, ISABEL V. UNITED STATES

12-10473 ROWAN, CHRISTOPHER V. UNITED STATES

12-10480 JOHNSON, LEON S. V. UNITED STATES

The petitions for writs of certiorari are denied.

12-1057 ALLISON ENGINE CO., ET AL. V. UNITED STATES, EX REL. SANDERS

12-1092 LATTIMORE, KENT, ET AL. V. UNITED STATES, ET AL.

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

12-1294 NADER, RALPH V. SERODY, LINDA S., ET AL.

The petition for a writ of certiorari is denied. Justice

Alito took no part in the consideration or decision of this

petition.

12-1302 GARCIA, MICHAEL V. LOUISIANA

The motion of Ethics Bureau at Yale for leave to file a

brief as amicus curiae is granted. The petition for a writ of

certiorari is denied.

12-8932 OBAYDULLAH V. OBAMA, PRESIDENT OF U.S., ET AL.

The motion of respondents for leave to file a brief in

opposition under seal is granted. The motion of petitioner for

leave to file a reply brief under seal is granted. The petition

for a writ of certiorari is denied.

12-9940 GRANDISON, ANTHONY V. SAAR, MARY ANN, ET AL.

12-9975 FRANZA, DOMINIC M. V. SHEAHAN, MICHAEL

The motions of petitioners for leave to proceed in forma

pauperis are denied, and the petitions for writs of certiorari

are dismissed. See Rule 39.8.

12-10110 STAFFNEY, HAROLD V. MACLAREN, WARDEN

The motion of petitioner for leave to proceed in forma

pauperis is denied, and the petition for a writ of certiorari is

dismissed. See Rule 39.8. As the petitioner has repeatedly

abused this Court's process, the Clerk is directed not to accept

any further petitions in noncriminal matters from petitioner

unless the docketing fee required by Rule 38(a) is paid and the

petition is submitted in compliance with Rule 33.1. See Martin

v. District of Columbia Court of Appeals, 506 U.S. 1 (1992) (per

curiam).

12-10222 HEREDIA SANTA CRUZ, ARMANDO V. CALIFORNIA

The petition for a writ of certiorari is denied. Justice

Breyer took no part in the consideration or decision of this

petition.

12-10319 DOWNS, JOHN W. V. UNITED STATES

The petition for a writ of certiorari is denied. Justice

Kagan took no part in the consideration or decision of this

petition.

12-10400 JONES, MARCUS D. V. UNITED STATES

The motion of petitioner for leave to proceed in forma

pauperis is denied, and the petition for a writ of certiorari is

dismissed. See Rule 39.8. Justice Kagan took no part in the

consideration or decision of this motion and this petition.

12-10421 THOMAS, CORBIN V. UNITED STATES

12-10448 SCHOTZ, BARRY R. V. APKER, WARDEN

12-10457 BILLUPS, HERMAN L. V. UNITED STATES

The petitions for writs of certiorari are denied. Justice

Kagan took no part in the consideration or decision of these

petitions.

HABEAS CORPUS DENIED

12-10479 IN RE JIMMY R. DAVIDSON

12-10533 IN RE ALBERTO CONCEPCION

The motions of petitioners for leave to proceed in forma

pauperis are denied, and the petitions for writs of habeas

corpus are dismissed. See Rule 39.8.

MANDAMUS DENIED

12-9811 IN RE HAROLD J. BLACK

The petition for a writ of mandamus and/or prohibition is

denied.

REHEARINGS DENIED

12-1021 PIERCE, SAMUEL V. WOLDENBERG, RONA

12-8707 BLANTON, PAUL A. V. CARUSO, PATRICIA L., ET AL.

12-8792 HOTCHKISS, JUDY V. CLAY TOWNSHIP BOARD, ET AL.

12-8856 EDWARDS, PHILLIP J. V. FLORIDA

12-8933 McKENZIE, LEROY A. V. RAINES, LIEUTENANT, ET AL.

12-9009 FRANCIS, JAMES V. KY RIVER COAL CORP.

12-9069 JENNINGS, LAURA A. V. INDIANAPOLIS, IN, ET AL.

12-9103 McILVOY, TERRY L. V. NORMAN, SUPT., JEFFERSON CITY

12-9165 STENSON, CHARLES V. HEATH, SUPT., SING SING

12-9263 DITTO, FRANK R. V. PATENT AND TRADEMARK OFFICE

12-9481 MOHAMMED, FARID V. UNITED STATES

12-9623 TILLERY, CARTER V. UNITED STATES

12-9707 CONDREY, TERRY L. V. UNITED STATES

The petitions for rehearing are denied.

12-112 ROE, RICHARD, ET AL. V. UNITED STATES, ET AL.

The motion of petitioners for leave to file a petition for

rehearing under seal with redacted copies for the public record

is granted. The petition for rehearing is denied.

12-8352 ERCOLE, JOSEPH R. V. LaHOOD, SEC. OF TRANSPORTATION

The motion for leave to file a petition for rehearing is

denied.