Nov 26th denied by Justice Ginsburg...am I missing something?
http://origin.www.supremecourtus.gov/docket/08a469.htm
One she denied it, he was free to submit it to any Justice he chose. Apparently, he did that yesterday, assuming that's the meaning of "second case" in the info posted.
Donofrio had to submit his app originally to Souter. It was denied, and he re-submitted to Thomas, who at least scheduled it for discussion with the other Justices on 12/5.