IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

WILLIE McNAIR, ) 

 ) 

Plaintiff, ) 

 ) 

v. ) 

 ) No. 2:06-cv-00695-WKW-SRW

RICHARD ALLEN, Commissioner, ) 

Alabama Department of Corrections, ) 

And GRANTT CULLIVER, Warden, ) 

Holman Correctional Facility ) 

 ) 

 Defendants. ) 

MOTION TO CONSOLIDATE AND FOR SPEEDY HEARING

 Defendants Richard Allen, in his official capacity as Commissioner of the Alabama 

Department of Corrections, and Grantt Culliver, in his official capacity as Warden of the Holman 

Correctional Facility (“Defendants”), who are also counter-plaintiffs in this action, respectfully 

move this Court pursuant to Rule 42(a) of the Federal Rules of Civil Procedure to consolidate 

this action with a similar suit pending in this Court, styled as James Callahan v. Richard Allen, et 

al., 2:06-CV-919-WKW. Defendants further move pursuant to Rule 57 that this Court order a 

speedy hearing and advance the consolidated cases on its calendar. In support of this motion, 

Defendants state as follows: 

1. Both this action and the Callahan case involve a challenge to the constitutionality 

of Alabama’s procedures for enforcing a death sentence, and both cases include a counterclaim 

by the Defendants for a declaratory judgment. Defendants deny the plaintiffs’ claims. The two 

cases involve common questions of law and fact. 

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2. The same counsel represent the plaintiffs in each case and the same counsel 

represent the defendants in each case. The cases are assigned to the same District Judge. 

3. The cases will involve the same evidence and witnesses. To the extent the Court 

permits discovery, the discovery will be duplicative if the cases are not consolidated. 

4. Consolidation will promote judicial economy and convenience and will avoid 

delay. Consolidation will not prejudice any party.

5. Pursuant to F.R.C.P. 57, this Court has discretion to order a speedy hearing in a 

declaratory judgment action. The nature of proof in this action and the interests of the State 

weigh in favor of a speedy hearing. 

6. In Hill v. McDonough, __ U.S. __, 2006 WL 1584710, at *8 (June 12, 2006), the 

United States Supreme Court acknowledged the rights of “[b]oth the State and the victims of 

crime” to the timely enforcement of a death sentence. Id. at *8. See also, e.g., Grayson v. King, 

___ F.3d ___, 2006 WL 2382522 (11th Cir. Aug. 18, 2006). 

7. McNair and Callahan have each been on Alabama’s Death Row for more than 

fifteen years. Each has exhausted his rights of review under state and federal law. 

8. There are limited issues in these cases. Discovery can be handled quickly, to the 

extent discovery is permitted by the Court, and a speedy hearing will not prejudice the rights of 

any party. 

WHEREFORE, Defendants move that this Court consolidate this action and action 

number 2:06-CV-919 and set both cases for a consolidated, speedy hearing. 

Respectfully submitted, 

TROY KING (KIN047) 

ATTORNEY GENERAL 

BY: 

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s/ J. Clayton Crenshaw 

J. Clayton Crenshaw (CRE007)

Assistant Attorney General 

s/ James W. Davis 

James W. Davis (DAV103)

Assistant Attorney General 

OF COUNSEL: 

Office of the Attorney General 

11 South Union Street 

Montgomery, AL 36130 

(334) 242-7300 

(334) 353-8440 Fax 

Email: jimdavis@ago.state.al.us 

 

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CERTIFICATE OF SERVICE

This is to certify that on the 1st day of November, 2006, a copy of the foregoing has been 

electronically filed with the Clerk of the Court using the CM/ECF system, which will 

electronically send a copy of the same to the following: 

Cathleen I. Price 

Equal Justice Initiative of Alabama 

122 Commerce Street 

Montgomery, AL 36104 

cprice@eji.org

Randall S. Susskind 

Equal Justice Initiative of Alabama 

122 Commerce Street 

Montgomery, AL 36104 

rsusskind@eji.org

s/ James W. Davis 

James W. Davis (DAV103)

Assistant Attorney General 

office of the Attorney General 

11 South Union Street 

Montgomery, AL 36130 

(334) 242-7300 

(334) 353-8440 Fax 

Email: jimdavis@ago.state.al.us 

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