MONDAY, FEBRUARY 23, 1998

The petition for a writ of certiorari is 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 Oubre v. Entergy Operations, Inc., 522 U. S. _____ (1998).

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 Eighth Circuit for further consideration in light of South Dakota v. Yankton Sioux Tribe, 522 U. S. _____ (1998). ORDERS IN PENDING CASES

The application for release addressed to Justice O’Connor and referred to the Court is denied.

MASSACHUSETTS CORRECTIONAL INSTITUTION, ET AL.

ET AL.

The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.

The motion to direct the Clerk to file a petition for for a writ of certiorari out of time under Rule 14.5 is denied.

The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied.

The motion for appointment of counsel is granted and it is ordered that Roger B. Adler, Esquire, of New York, New York, is appointed to serve as counsel for the petitioner in this case.

The motion of Solicitor General for divided argument is granted.

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

The motion of Family Research Institute of Wisconsin for leave to file a brief as amicus curiae is granted.

The motion of Arctic Cat, et al. for leave to participate in oral argument as amici curiae, for divided argument, and for additional time for oral argument is denied.

The motion of Ernest T. Rossiello, Esquire, to permit Elena M. Dimo-Poulos, Esq. to present oral argument pro hac vice is denied.

The motion of Solicitor General to dispense with printing the joint appendix is granted. The motion of respondent for leave to proceed further herein in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that John W. Rogers, Esquire, of Columbus, Missouri, is appointed to serve as counsel for the respondent in this case.

The Solicitor General is invited to file briefs in these cases expressing the views of the United States.

The motion for appointment of counsel is granted and it is ordered that Cliff Gardner, Esquire, of San Francisco, California, is appointed to serve as counsel for the petitioner. CERTIORARI GRANTED

The petition for a writ of certiorari is granted. CERTIORARI DENIED

The petitions for writs of certiorari are denied.

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

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

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. HABEAS CORPUS DENIED

The petitions for writs of habeas corpus are denied. MANDAMUS DENIED

The petitions for writs of mandamus are denied.

The petitions for writs of mandamus and/or prohibition are denied. REHEARINGS DENIED

The petitions for rehearing are denied.

The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The petition for rehearing is denied.

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

Due to mistaken identity, the orders entered June 1995, and October 2, 1995, are vacated.

Lawrence R. Greene, of Detroit, Michigan, having been suspended from the practice of law in this Court by order of September 29, 1997; 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 Lawrence R. Greene is disbarred from the practice of law in this Court.

Nelson Christensen, of Seattle, Washington, having been suspended from the practice of law in this Court by order of October 14, 1997; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Nelson Christensen is disbarred from the practice of law in this Court.

Peter V. Solber, of Chicago, Illinois, having been suspended from the practice of law in this Court by order of October 20, 1997; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Peter V. Solber is disbarred from the practice of law in this Court.

John E. Grzybek, of St. Paul, Minnesota, having been suspended from the practice of law in this Court by order of November 17, 1997; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that John E. Grzybek is disbarred from the practice of law in this Court.

Steven E. Pollan, of South Orange, New Jersey, having been suspended from the practice of law in this Court by order of December 1, 1997; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Steven E. Pollan is disbarred from the practice of law in this Court.

Michael R. Dice, of Denver, Colorado, having been suspended from the practice of law in this Court by order of December 8, 1997; 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 Michael R. Dice is disbarred from the practice of law in this Court.

John F. Papsidero, of Buffalo, New York, having been suspended from the practice of law in this Court by order of December 8, 1997; 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 John F. Papsidero is disbarred from the practice of law in this Court.

Michael A. Pollack, of New York, New York, having been suspended from the practice of law in this Court by order of December 15, 1997; 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 Michael A. Pollack is disbarred from the practice of law in this Court.

Earl Ray Andrews, of Athens, Texas, having been suspended from the practice of law in this Court by order of December 15, 1997; 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 Earl Ray Andrews is disbarred from the practice of law in this Court.

Paul A. Stern, of Chicago, Illinois, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on December 15, 1997, is discharged.

Paul W. Calhoun, Jr., of Vidalia, Georgia, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on January 12, 1998, is discharged.

The motion to defer consideration is denied. Alfonso Barrera, Jr., of Henderson, Nevada, having been suspended from the practice of law in this Court by order of January 12, 1998; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and a response having been filed; It is ordered that Alfonso Barrera, Jr., is disbarred from the practice of law in this Court.

Jeff Bernstein, of Flushing, New York, 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.

Gwen G. Caranchini, of Kansas City, Missouri, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

Sandra K. Houston, of Fort Worth, Texas, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

Kevin Guy Gupton, of Sacramento, California, 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.

Warren Edward Sheldrake, of Irvington, New York, 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.

Norman Keith Gurstel, of Minneapolis, Minnesota, 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.

Peter C. Speers, III, of The Woodlands, Texas, 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.

Ronald Kent Campbell, of Raleigh, North 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.