Journal October 2007 Term - Supreme Court of the United States

JNL07$1029—11-06-07 11:30:10 JOURNAPGT MILES
(JOURNAL) MONDAY, OCTOBER 29, 2007 245
SUPREME COURT OF THE UNITED STATES
Present: Chief Justice Roberts, Justice Stevens, Justice Scalia, Justice
Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, Justice
Breyer, and Justice Alito.
The Chief Justice said:
“Today’s orders of the Court have been duly entered and certified,
and filed with the Clerk, and they will not be otherwise announced.”
Certiorari—Summary Dispositions
No. 07–5130. Jose Arquimides Ibarra, Petitioner v. United States.
On petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit. Motion of petitioner for leave to proceed
in forma pauperis and petition for writ of certiorari granted. Judgment
vacated, and case remanded to the United States Court of Appeals
for the Eighth Circuit for further consideration in light of Rita
v. United States, 551 U. S. ––– (2007).
No. 07–5473. John L. Heavner, Petitioner v. United States. On petition
for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit. Motion of petitioner for leave to proceed in forma
pauperis and petition for writ of certiorari granted. Judgment vacated,
and case remanded to the United States Court of Appeals for the
Eighth Circuit for further consideration in light of Rita v. United
States, 551 U. S. ––– (2007).
No. 07–6522. Montgomery Blair Sibley, Petitioner v. Stephen Breyer,
Associate Justice, Supreme Court of the United States, et al. On petition
for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit. Because the Court lacks a quorum, 28
U. S. C. § 1, and since a majority of the qualified Justices are of the
opinion that the case cannot be heard and determined at the next Term
of the Court, the judgment is affirmed under 28 U. S. C. § 2109, which
provides that under these circumstances the Court shall enter its order
affirming the judgment of the court from which the case was brought
for review with the same effect as upon affirmance by an equally divided
Court. Justice Stevens, Justice Scalia, Justice Kennedy, Justice
Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer took no
part in the consideration or decision of this petition.