JUDGMENT ISSUED

Petition GRANTED. Judgment REVERSED and case REMANDED for further proceedings consistent with the Court's opinion. Opinion per curiam.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED.

DISTRIBUTED for Conference of December 11, 2015.

DISTRIBUTED for Conference of December 4, 2015.

Record received from the U.S.D.C. for the Western District of Kentucky. The record is electronic and available on PACER.

Record received from the U.S.C.A. for the 6th Circuit. The record is electronic and available on PACER.

DISTRIBUTED for Conference of November 24, 2015.

Record Requested .

DISTRIBUTED for Conference of November 13, 2015.

DISTRIBUTED for Conference of November 6, 2015.

DISTRIBUTED for Conference of October 30, 2015.

Motion for leave to proceed in forma pauperis filed by respondent Roger L. Wheeler.

Brief of respondent Roger L. Wheeler in opposition filed.

Order extending time to file response to petition to and including August 17, 2015.

Appendix of Randy White, Warden filed.

Petition for a writ of certiorari filed. (Response due June 18, 2015)

Randy White, Warden, Petitioner, represented by David W. Barr

Roger L. Wheeler, Respondent, represented by David M. Barron