CERTIORARI -- SUMMARY DISPOSITION

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 Fifth Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).

ORDERS IN PENDING CASES

The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.

The motion of Colorado for leave to file a reply to the brief of the United States is granted, and the parties are allowed to and including February 2, 2001, within which to file replies. The Exceptions to the Report of the Special Master are set for oral argument in due course.

The motion of Service Employees International Union, et al., for leave to file a brief as amici curiae is granted. The motion of American Nurses Association for leave to file a brief as amicus curiae is granted.

The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted.

The motion of Colorado for leave to participate in oral argument as amicus curiae and for divided argument is granted.

The motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae is granted.

Zadvydas for additional time for oral argument and for divided argument is granted.

The motion for appointment of counsel is granted and it is ordered that Jeffrey S. Sutton, Esquire, of Columbus, Ohio, is appointed to serve as counsel for the petitioner in this case. CERTIORARI GRANTED

The petition for a writ of certiorari is granted.

The motion of Central States, Southeast and Southwest Areas Health and Welfare Fund for leave to file a brief as amicus curiae is granted. The motion of Self-Insurance Institute of America, Inc., for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.

The motion of Shakopee Mdewakanton Sioux (Dakota) Community, et al., for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is granted.

limited to the following questions: 1) Whether the court of appeals erred in holding that 47 U.S.C. Sec. 252(d)(1) (Telecommunications Act of 1996) forecloses the cost methodology adopted by the FCC, which is based on the efficient replacement cost of existing technology, for determining the interconnection rates that new entrants into local telecommunications markets must pay incumbent local telephone companies. 2) Whether the court of appeals erred in holding that neither the Takings Clause nor the Telecommunications Act of 1996 requires incorporation of an incumbent local exchange carrier's "historical" costs into the rates that it may charge new entrants for access to its network elements. 3) Whether 47 U.S.C. Sec. 251(c)(3) prohibits regulators from requiring that incumbent local telephone companies combine certain previously uncombined network elements when a new entrant requests the combination and agrees to compensate the incumbent for performing that task. The cases are consolidated and a total of one hour is allotted for oral argument. Justice O'Connor took no part in the consideration or decision of these petitions.

for leave to file a brief as amici curiae is granted. The petitions for writs of certiorari are granted limited to the following questions: 1) Whether those provisions of the Pole Attachments Act apply to attachments by cable television systems that are simultaneously used to provide high-speed Internet access and conventional cable television programming. 2) Whether those provisions of the Pole Attachments Act apply to attachments by providers of wireless telecommunications services no less than to attachments by providers of wireline telecommunications services. The cases are consolidated and a total of one hour is allotted for oral argument. Justice O'Connor took no part in the consideration or decision of this motion and these petitions.

CERTIORARI DENIED

The petitions for writs of certiorari are denied.

The petitions for writs of certiorari are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.

The motion of Center for Equal Opportunity, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.

The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.

The petition for a writ of certiorari before judgment is denied.

The motion of petitioners 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 petitioners have repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioners 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). Justice Stevens dissents. See id., at 4, and cases cited therein.

COMMON LAW CERTIORARI DENIED

The petition for a common law writ of certiorari is denied.

HABEAS CORPUS DENIED

The petitions for writs of habeas corpus are denied.

MANDAMUS DENIED

The petitions for writs of mandamus are denied.

The petition for writ of mandamus and/or prohibition is denied.

REHEARINGS DENIED

The petitions for rehearing are denied.

The motion for leave to file a petition for rehearing is denied.

ATTORNEY DISCIPLINE

James R. Gailey, of Miami, Florida, having been suspended from the practice of law in this Court by order of November 27, 2000; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that James R. Gailey is disbarred from the practice of law in this Court.

Thomas R. Hendershot, of Greenbelt, Maryland, having been suspended from the practice of law in this Court by order of November 27, 2000; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Thomas R. Hendershot is disbarred from the practice of law in this Court.

David Michael Adams, of Charleston, South Carolina, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Stewart Irwin Mandel, of University Heights, Ohio, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Frank Edward Little, of Mercer, Pennsylvania, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.