The Supreme Court of the United States, after initially staying Berry's execution, denied his petition for certiorari on April 21, 2008. Berry v. Epps, ___ U.S. ___, 128 S.Ct. 2048, 170 L.Ed.2d 796 (2008). In the meantime, no progress was made in the remaining plaintiffs' case.
Berry v. Epps, ___ U.S. ___, 128 S.Ct. 531, 169 L.Ed.2d 370 (2007). Ultimately, the Supreme Court denied Berry's petition for certiorari, on April 21, 2008, see Berry v. Epps, ___ U.S. ___, 128 S.Ct. 2048, 170 L.Ed.2d 796 (2008), but during the pendency of Berry's stay, no action was taken in the plaintiffs' § 1983 case. The State failed to respond to the plaintiffs' complaint and the plaintiffs moved for a default judgment.
Berry's execution was stayed by the United States Supreme Court pending the disposition of his petition for writ of certiorari, and that stay was lifted upon the Supreme Court's denial of the petition on April 21, 2008. See Berry v. Epps, ___ U.S. ___, 128 S. Ct. 2048 (2008). Between the time Berry's execution was stayed by the Supreme Court and the time the stay was ultimately lifted, the State failed to file an answer to Plaintiffs' complaint. On May 2, 2008, Plaintiffs moved for entry of default, which was entered on May 5, 2008.