ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Defendant's "Affiant Of Mark Eliot Hellman; Motion To Dismiss; Motion For Return Of Personal Property Motion To Dismiss" (Document No. 19) filed December 19, 2018. The undersigned observes that Defendant filed a nearly identical motion on December 18, 2018, that was denied without prejudice on December 20, 2018. See (Document Nos. 17 and 18). The undersigned again notes that, according to the docket,...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on the pro se "Affidavit Of Mark Eliot Hellman; Motion For Return Of Personal Property; Motion To Dismiss" (Document No. 17) filed December 18, 2018. The undersigned notes that, according to the docket, Defendant is represented by CJA appointed counsel, Richard Eugene Beam, Jr. It is the practice of the Court that when a Defendant is represented by counsel, all motions should be filed through counsel of record....
ORDER UNSEALING COMPLAINT AND ARREST WARRANT DAVID C. KEESLER , Magistrate Judge . UPON MOTION of the United States of America, by and through R. Andrew Murray, United States Attomey for the Westem District of North Carolina, for an order directing that the Complaint, affidavit, and arrest warrant be unsealed, IT IS HEREBY ORDERED that the Complaint, affidavit and arrest warrant be unsealed. The Clerk is directed to certifu copies of this Order to the United States Attomey's Office.
ORDER W. CARLETON METCALF , Magistrate Judge . This matter is before the Court upon the Motion for Admission Pro Hac Vice and Affidavit (Doc. 11) filed by Chad E. Axford. Upon review of the Motion, it appears that Mr. Axford, a member in good standing of the Bar of this Court, is local counsel for Defendant and that he seeks the admission of Russell B. Long, who the Motion represents as being a member in good standing of the Bar of the United States District Court for the District of...
ORDERD ( Pre-Trial Subpoenas Duces Tecum ) W. CARLETON METCALF , Magistrate Judge . This matter is before the Court on Defendant's Application for Subpoenas Duces Tecum (Doc. 41) through which Defendant seeks to obtain documents from individuals who will be witnesses for the Government in Defendant's trial which is scheduled for the March 4, 2019 term. The Government does not object to the issuance of the requested subpoenas. Id. at 4-5. Rule 17(c) of the Rules of Criminal...
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court upon the Defendant's Third Motion for Early Termination of Supervised Release [Doc. 14]. Counsel for the Government and the Defendant's supervising probation officer do not oppose the Defendant's Motion. Upon review of the Defendant's Motion, and in light of the lack of opposition by the Government and the Defendant's supervising probation officer, the Court is satisfied that the early termination of the Defendant'...
ORDER W. CARLETON METCALF , Magistrate Judge . This matter is before the Court upon Defendant's Motion to Seal Attachment 2 to Supplemental Memorandum ("Motion to Seal") (Doc. 30). Specifically, Defendant seeks an order sealing a document consisting of three (3) pages of an Accurint Report that is cited by Defendant's Supplemental Memorandum (Doc. 29), which memorandum itself is submitted in support of Defendant's pending Motion to Suppress (Doc.16). A redacted copy of Attachment 2 has...
CONSENT ORDER AND JUDGMENT OF FORFEITURE W. CARLETON METCALF , Magistrate Judge . WHEREAS, the defendant, YASMEL LOBACO, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Fed. R. Crim. P. 11 to 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...
ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER COMES before this Court on Plaintiff's Motion to Stay. (Doc. No. 6). IT IS HEREBY ORDERED that due to a lapse in appropriations for the EEOC at midnight on December 21, 2018, the litigation of this matter shall be STAYED until the EEOC's funding is restored and all pending deadlines in this matter will be extended for the same number of days as the EEOC's lapse in funding. SO ORDERED .
ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Dismiss [Doc. 13]. I. PROCEDURAL BACKGROUND On September 18, 2018, the Defendant was charged in a Bill of Indictment with two counts of possession with intent to distribute a quantity of methamphetamine, in violation of 21 U.S.C. 841(a)(1). [Doc. 1]. The Defendant made his initial appearance on September 28, 2018, at which time counsel was appointed. The Defendant's arraignment was...
CONSENT JUDGMENT GRAHAM C. MULLEN , Senior District Judge . THIS MATTER comes before the Court upon the joint motion of the parties to issue a declaratory judgment as to the nature and purpose of a loan and to enter an order confirming the settlement between the parties and to dismiss the claims in the lawsuit. The Court has reviewed the terms of the settlement and has confirmed with the Plaintiffs that they desire to enter into the settlement. Based on the Court's review of the settlement,...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Plaintiff's "Motion For Stay And Extensions" (Document No. 10) and Plaintiff's "Motion For Stay And Extensions" (Document No. 11) filed December 26, 2018. These motions have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b) and immediate review is appropriate. Having carefully considered the motions and the record, the undersigned will deny the first motion as moot, and grant...
ORDER DAVID S. CAYER , Magistrate Judge . Pursuant to the United States' Unopposed Motion for a Stay of the Entire Case in Light of Lapse of Appropriations, the Court hereby orders as follows: ORDERED that the entire above-captioned case is stayed until the Court receives notice from the United States that Congress has restored appropriations to the U.S. Department of Justice; and FURTHER ORDERED that upon the lifting of this stay, all current litigation deadlines for the parties...
DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the "Motion[s] for Admission Pro Hac Vice [for Matthew Thomas Albaugh and Erica Kay Drew]" (documents ## 202 and 203) filed December 26, 2018. For the reasons set forth therein, the Motions will be granted . The Clerk is directed to send copies of this Order to counsel for the parties, including but not limited to moving counsel, and to the Honorable Robert J. Conrad, Jr. SO ORDERED .
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on "Defendant's Motion to Dismiss Plaintiff's Complaint" (document #9) filed November 29, 2018, and Plaintiff's "Amended Complaint" (document #16) filed December 20, 2018. Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(a)(1) grants a party the right to "amend its pleading once as a matter of course," if done within twenty-one days after serving the pleading, Fed. R. Civ. P....
ORDER GRANTING RECEIVER'S MOTION FOR ALLOWANCE OF CERTAIN LATE CLAIMS GRAHAM C. MULLEN , Magistrate Judge . This matter came before the Court on the Receiver's Motion for Order Allowing Certain Late Claims (the "Motion") filed by A. Cotten Wright, the receiver in this case (the "Receiver"), through counsel, on December 12, 2018 (Doc. No. 231). It appears that notice of the Motion was proper, and no objections were filed in response to the Motion. The Motion was brought in connection...
Case MANAGEMENT ORDER (JURY TRIAL) FRANK D. WHITNEY , Chief District Judge . THIS MATTER , upon assignment to the Honorable Frank D. Whitney, and following conference of counsel pursuant to Local Civil Rule 16.1(a), shall be governed by the following Case Management Order entered pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. This Order is intended to supplement, not supplant, the Court's previously entered Initial Scheduling Order. DEADLINES AT A GLANCE Pretrial...
ORDER TO PRODUCE FRANK D. WHITNEY , Chief District Judge . THE PRESIDENT OF THE UNITED STATES OF AMERICA: TO: U.S. Marshal, Western District of North Carolina, Charlotte, North Carolina. TO: Warden/Superintendent, Alexander Correctional Institution, Taylorsville, North Carolina. IT IS ORDERED that the Warden/Superintendent of the Alexander Correctional Institution, have the body of Marshall Lee Brown, Jr. , offender number 0050673, now incarcerated at the Alexander Correctional...
ORDER FRANK D. WHITNEY , Chief District Judge . This is a civil rights prisoner action that Plaintiff filed pro se that passed initial review on several claims regarding the alleged violation of his religious rights. (Doc. No. 7). The Complaint survived summary judgment on claims under 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). (Doc. No. 47). This matter is now ripe for trial. Attorneys John Michael Durnovich and Andrew Erteschik of...
ORDER FRANK D. WHITNEY , Chief District Judge . THIS MATTER is before the Court on periodic status review of the file. Plaintiff filed this action pursuant to 42 U.S.C. 1983 and the Complaint passed initial review against Defendants including Marquhne Benjamin Johnson. (Doc. No. 10). The North Carolina Department of Public Safety ("NCDPS") was unable to procure service waiver for Defendant Johnson but provided his full name and last known address. (Doc. No. 15). The United States...
