ORDER TO SEAL DAVID KEESLER , Magistrate Judge . UPON MOTION of the United States of America, by and through R. Andrew Murray, United States Attorney for the Western District of North Carolina, for an Order directing that the Motion to Seal and this Order and Bill of Indictment and the Warrant be sealed, to protect the secrecy of the on-going nature of the investigation in this matter until further order of this Court, IT IS HEREBY ORDERED that the Motion to Seal and this Order, Bill of...
ORDER DENNIS HOWELL , Magistrate Judge . This matter is before the Court on Defendant Robert J. Uhren, Jr., M.D.'s ("Defendant Uhren") Reasonable Expenses Statement [# 51] regarding sanctions. Defendant Uhren previously moved for the imposition of sanctions against Plaintiff for Plaintiff's failure to serve initial disclosures [# 41]. The Court imposed sanctions on Plaintiff for Defendant's Uhren's reasonable expenses including attorney's fees [# 46]. Plaintiff has not responded. I....
CONSENT ORDER AND JUDGMENT OF FORFEITURE MAX O. COGBURN , District Judge . WHEREAS, the defendant, KENDRICK JEREL LATTIMORE, has been found guilty in a bench trial of one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the offenses, or any property traceable...
ORDER OF DISMISSAL OF COUNTS FIFTY-THREE AND FIFTY-FOUR AS TO DEFENDANT (11) SHAKIRA MONIQUE CAMPBELL FRANK D. WHITNEY , Chief District Judge . THIS MATTER is before the Court on the Government's Motion to Dismiss Counts Fifty-Three and Fifty-Four as to Defendant (11) Shakira Monique Campbell. Upon review of the Government's motion, and for cause shown, IT IS, THEREFORE, ORDERED that the Government's Motion to Dismiss Counts Fifty-Three and Fifty-Four As To Defendant (11) Shakira Monique...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID S. CAYER , Magistrate Judge . BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the Court on Petitioner's "Motion to Investigate Court Ordered Response and Answer on Timeliness of the Defendant re Order," (Doc. No. 5), which this Court construes as a motion for reconsideration of the Court's prior Order dismissing as time-barred Petitioner's 28 U.S.C. 2255 Motion to Vacate, Set Aside, or Correct Sentence. In his motion, Petitioner states that his petition was timely under both 28 U.S.C. 2255(f)(3)...
MEMORANDUM AND RECOMMENDATION DENNIS L. HOWELL , Magistrate Judge . THIS MATTER is before the Court on Defendant's Motion to Suppress and Request for Evidentiary Hearing (# 10). The Government filed a Response (# 11). On September 19, 2017, the undersigned conducted an evidentiary hearing and heard evidence from the Government. Thereafter, Defendant filed a Brief in Support of his Motion to Suppress (# 18), and the Government filed a Response to Motion to Suppress (# 19). Having...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Defendant's Unopposed Motion To Reset Due Dates" (Document No. 21) filed December 28, 2017. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c), and immediate review is appropriate. Having carefully considered the motion, the record, and noting Plaintiff's counsel has no objection to the motion, the undersigned will grant the motion. IT IS, THEREFORE, ORDERED that "...
ORDER OF CONTINUING GARNISHMENT Financial Litigation Unit DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on the answer of The Tile Shop, LLC, as Garnishee. Judgment in the criminal case was filed on August 16, 2005 (Docket No. 14). As part of that Judgment, Defendant was ordered to pay an assessment of $100.00 and restitution of $75,320.17 to the victims of the crime. Id . On November 6, 2017, the Court entered a Writ of Continuing Garnishment ("Writ") (Docket...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Respondents' Motion to Dismiss [Doc. 8] and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of that motion. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the Respondents' motion and to submit a recommendation for its disposition. On...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Dismiss [Doc. 15]; the Magistrate Judge's Memorandum and Recommendation [Doc. 23] regarding the disposition of said motion; and the pro se Plaintiff's Response, which the Court construes as Objections to the Memorandum and Recommendation [Doc. 24]. I. PROCEDURAL BACKGROUND On March 16, 2017, the Plaintiff, proceeding pro se , brought this action against...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Government's Motion to Dismiss [Doc. 138]. Upon review of the Government's motion, and for cause shown, IT IS, THEREFORE, ORDERED that the Government's Motion to Dismiss [Doc. 13] is GRANTED , and the Superseding Bill of Indictment is hereby DISMISSED WITH PREJUDICE as to this Defendant only. The Clerk is directed to provide copies of this Order to counsel for the Government, the U.S. Marshals Service,...
MEMORANDUM AND RECOMMENDATION DENNIS L. HOWELL , Magistrate Judge . THIS MATTER is before the Court upon Defendant's Motion to Suppress Evidence (# 37). The Government filed a Response to Defendant's Motion to Suppress (# 38). The undersigned conducted a hearing and heard evidence and arguments from the Government and Defendant. Having carefully considered the evidence, briefs, and arguments of counsel, the Court enters the following findings, conclusions, and recommendation. FINDINGS...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Suppress [Doc. 9]; the Magistrate Judge's Memorandum and Recommendation [Doc. 43] regarding the disposition of that motion; and the Defendant's Objections to the Recommendation of the Magistrate Judge [Doc. 44]. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider...
MEMORANDUM AND RECOMMENDATION DENNIS L. HOWELL , Magistrate Judge . THIS MATTER is before the Court on Defendant's Motion to Suppress (# 9). On May 23, 2017, the undersigned conducted an evidentiary hearing and heard evidence from both the Government and Defendant. The issues have been fully briefed, and the matter is now ripe for ruling. For the reasons set forth below, it is recommended that Defendant's Motion to Suppress be DENIED. I. Procedural Background On February 8, 2017,...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Suppress [Doc. 18], as supplemented [Doc. 27], and the Magistrate Judge's Memorandum and Recommendation regarding the disposition of that motion [Doc. 40]. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the Defendant's motion to suppress and to submit...
MEMORANDUM AND RECOMMENDATION DENNIS L. HOWELL , Magistrate Judge . Pending before the Court are Defendant Hall's Motion to Suppress and Dismiss, 1:16cr147 [# 18 & # 27] and Defendant Litwack's Motion to Suppress and Dismiss, 1:17cr60 [# 15]. The Government filed a Response in both cases, 1:16cr147 [# 22], 1:17cr60 [# 17]. The Court conducted a joint hearing and heard evidence and argument from the Government and Defendants. Defendants then filed Memorandums in Support of the Motions to...
ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER is before the court on Petitioner's "Motion for Reconsideration," (Doc. No. 13), of the Court's prior Order dismissing Petitioner's 28 U.S.C. 2255 Motion to Vacate, Set Aside, or Correct Sentence. In his motion, Petitioner states that he "ask[s] this Court to accept my request to amend, resubmit, supplement, or otherwise re-open or reconsider my 2255 motion with substantial constitutional claims." (Doc. No. 13 at 1). Petitioner's...
