Quick viewing(Text Mode)

Texas Objection to Wallace Interv

Texas Objection to Wallace Interv

Case 4:18-cv-00167-O Document 177 Filed 07/23/18 Page 1 of 3 PageID 2448

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

TEXAS, et al., § § Plaintiffs, § § v. § Civil Action No. 4:18-CV-00167-O § UNITED STATES OF AMERICA, et al., § § Defendants, § § and § § CALIFORNIA, et al. § § Intervenors-Defendants. §

PLAINTIFF-STATES’ OPPOSITION TO EXTRAORDINARY MOTION FOR US JUDGE O’CONNOR TO TIMELY GRANT PLAINTIFFS MOTION TO INTERVENE & “ISSUE THE SUMMONS” UPON JOHN S. McCAIN (DOC. 172)

Stephen P. Wallace appears to have refiled an earlier pleading asking the

Court to allow him to intervene so that he can sue Senator John McCain in this action.

See Doc. 172. For the reasons stated in Plaintiff-States’ earlier oppositions to

Wallace’s motions, Docs. 11, 170, which Plaintiff-States incorporate by reference,

Wallace’s motions to intervene (Docs. 5, 168, 172) should be denied.

1

Case 4:18-cv-00167-O Document 177 Filed 07/23/18 Page 2 of 3 PageID 2449

Respectfully submitted this the 23th day of July, 2018.

BRAD SCHIMEL Attorney General of Wisconsin Attorney General of Texas STEVE MARSHALL JEFFREY C. MATEER Attorney General of Alabama First Assistant Attorney General BRANTLEY D. STARR Attorney General of Arkansas Deputy First Assistant Attorney General JAMES E. DAVIS Attorney General of Arizona Deputy Attorney General for Civil PAM BONDI Litigation Attorney General of Florida /s/Darren McCarty CHRISTOPHER CARR DARREN McCARTY Attorney General of Georgia Special Counsel for Civil Litigation Texas Bar No. 24007631 CURTIS HILL [email protected] Attorney General of Indiana AUSTIN R. NIMOCKS Special Counsel for Civil Litigation Attorney General of Attorney General of Texas P.O. Box 12548, Mail Code 001 Attorney General of Louisiana Austin, Texas 78711-2548 JOSH HAWLEY Tel: 512-936-1414 Attorney General of Missouri ATTORNEYS FOR PLAINTIFF STATES DOUG PETERSON Attorney General of Nebraska Attorney General of North Dakota ALAN WILSON Attorney General of South Carolina MARTY JACKLEY Attorney General of South Dakota , III Attorney General of Attorney General of Attorney General of West Virginia

2

Case 4:18-cv-00167-O Document 177 Filed 07/23/18 Page 3 of 3 PageID 2450

CERTIFICATE OF SERVICE I certify that the foregoing document was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to all counsel of record, and via certified mail to the following:

Stephen P. Wallace 1116 Sheffer Road, Apt. F Aurora, Illinois 60505 /s/Darren McCarty DARREN MCCARTY

3

Case 4:18-cv-00167-O Document 177-1 Filed 07/23/18 Page 1 of 1 PageID 2451

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

TEXAS, et al., § § Plaintiffs, § § v. § Civil Action No. 4:18-CV-00167-O § UNITED STATES OF AMERICA, et al., § § Defendants, § § and § § CALIFORNIA, et al. § § Intervenors-Defendants. §

[PROPOSED] ORDER DENYING MOTIONS TO INTERVENE

Before the Court are Stephen P. Wallace’s Extraordinary Motion for US

Judge O’Connor to Timely Grant Additional Plaintiffs Motion Intervene & “Issue the Summons” Upon John S. McCain (Doc. 168, Doc. 172) and Additional Plaintiff’s

Motion to Intervene as “Necessary Real Parties-in-Interest” for Compensatory

Damages Under a Bivens Action (Doc. 5). Having reviewed the Motions, the responses, and the replies, if any, as well as the applicable law, the Court finds that the Motions should be, and are hereby, DENIED.

SIGNED on this day of , 2018.

THE HONORABLE REED O’CONNOR UNITED STATES DISTRICT JUDGE

1