Case 3:15-cv-00295-HTW-LRA Document 41 Filed 08/25/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

Plaintiffs

RICHARD JORDAN and RICKY CHASE

Intervenor

THOMAS EDWIN LODEN, JR.

vs.

No. 3:15-cv-00295-HTW-LRA

MARSHALL L. FISHER, Commissioner,

Mississippi Department of Corrections, in
his Official Capacity; EARNEST LEE
Superintendent, Mississippi State Penitentiary,
in his Official Capacity; THE MISSISSIPPI
STATE EXECUTIONER, in his Official
Capacity; an UNKNOWN EXECUTIONERS,
in their Official Capacities

Defendants

NOTICE OF APPEAL
Notice is given that Defendants, Marshall L. Fisher, in his official capacity as
Commissioner of the Mississippi Department of Corrections, Earnest Lee, in his official capacity
as Superintendent of the Mississippi State Penitentiary, the Mississippi State Executioner, in his
official capacity, and Unknown Executioners, in their official capacities, hereby appeal to the
United States Court of Appeals for the Fifth Circuit from the District Courts oral ruling via
telephone granting Plaintiffs Motion for Temporary Injunctive Relief and denying Defendants
Motion to Dismiss. The District Courts oral ruling is evidenced by the minute entry on the
electronic docket of this matter dated August 25, 2015. This Court has jurisdiction under 28
U.S.C. 1292(a)(1), and this appeal is timely filed within thirty (30) days of the entry of the
preliminary injunction in accordance with Fed. R. App. P. 4(a)(1)(A).

Case 3:15-cv-00295-HTW-LRA Document 41 Filed 08/25/15 Page 2 of 3

THIS the 25th day of August, 2015.

Respectfully submitted
JIM HOOD
ATTORNEY GENERAL
STATE OF MISSISSIPPI

By:

s/ Wilson D. Minor
Jason L. Davis, MSB No. 102157
Paul E. Barnes, MSB No. 99107
Wilson Minor, MSB No. 102663
SPECIAL ASSISTANT ATTORNEYS GENERAL
ATTORNEYS FOR DEFENDANTS

OFFICE OF THE ATTORNEY GENERAL

P.O. Box 220
Jackson, MS 39205
Telephone: (601) 359-3680
Telefax: (601) 359-3796
wmino@ago.state.ms.us

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Case 3:15-cv-00295-HTW-LRA Document 41 Filed 08/25/15 Page 3 of 3

CERTIFICATE OF SERVICE
This is to certify that I, Wilson D. Minor, Special Assistant Attorney General for the State
of Mississippi, have electronically filed the foregoing document with the Clerk of the Court using
the ECF system which sent notification of such filing to the following:
James W. Craig
Emily M. Washington
4400 South Carrollton Ave.
New Orleans, LA 70119
Stacy Ferraro
P.O. Box 708
Flora, MS 39701
Merrida Coxwell
Coxwell & Associates, PLLC
500 North State Street
Jackson, MS 39201
This the 25th day of August, 2015.

s/ Wilson D. Minor
Wilson D. Minor

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