Filed: Jan. 03, 2014
Latest Update: Jan. 03, 2014
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL VARIOUS PROCEDURAL MATTERS[DE 207] WILLIAM MATTHEWMAN, United States Magistrate Judge. THIS CAUSE is before the Court upon Defendant, Rogerio Chaves Scotton's Pro Se Motion to Compel Various Procedural Matters [DE 207]. 1 This matter was referred to the undersigned by United States District Judge Robin S. Rosenbaum [DE 210]. In his Motion, and as further explained by Defendant at the sealed, ex parte hearing held on
Summary: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL VARIOUS PROCEDURAL MATTERS[DE 207] WILLIAM MATTHEWMAN, United States Magistrate Judge. THIS CAUSE is before the Court upon Defendant, Rogerio Chaves Scotton's Pro Se Motion to Compel Various Procedural Matters [DE 207]. 1 This matter was referred to the undersigned by United States District Judge Robin S. Rosenbaum [DE 210]. In his Motion, and as further explained by Defendant at the sealed, ex parte hearing held on ..
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL VARIOUS PROCEDURAL MATTERS[DE 207]
WILLIAM MATTHEWMAN, United States Magistrate Judge.
THIS CAUSE is before the Court upon Defendant, Rogerio Chaves Scotton's Pro Se Motion to Compel Various Procedural Matters [DE 207].1 This matter was referred to the undersigned by United States District Judge Robin S. Rosenbaum [DE 210]. In his Motion, and as further explained by Defendant at the sealed, ex parte hearing held on this matter on Tuesday, December 10th, 2013, Defendant requested, inter alia, that the U.S. Marshals Service serve subpoenas on numerous individuals,2 instructing them to appear and testify at Defendant's upcoming trial. The Court found that Defendant was indigent and unable to pay the costs and expenses associated with the issuance and service of the subpoenas he requested under Federal Rule of Criminal Procedure 17(b). The Court authorized service of a large number of the trial subpoenas Defendant requested at the December 10th, 2013 hearing, but the lengthy hearing had to be continued to hear further argument and render rulings on the remaining subpoenas Defendant sought.3 The Court continued the hearing until December 23rd, 2013 [DE 231]. At the December 23rd, 2013 continuation of Defendant's sealed, ex parte hearing on this matter, Defendant refused to participate in the hearing and refused to seek approval for his remaining subpoena requests.4 Defendant stated that he would not participate in the hearing. Defendant was warned that his trial was set for January, 2014, and that his conduct may preclude him from having trial witness subpoenas issued. Defendant nonetheless refused to participate in the hearing. In light of Defendant's unwillingness to participate in the proceedings, the Court terminated the hearing and denied Defendant's remaining subpoena requests. In light of the foregoing, it is hereby
ORDERED AND ADJUDGED that Defendant's Pro Se Motion to Compel Various Procedural Matters [DE 207] is GRANTED IN PART AND DENIED IN PART, in light of Defendant's refusal to participate in the December 23rd, 2013 continuation of the hearing on his trial subpoena requests. A separate order shall be entered directing the U.S. Marshals to serve the trial witness subpoenas approved by the Court at the December 10th, 2013 hearing.
