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13-3138 - USA v. Clark


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13-3138 - USA v. Clark
November 26, 2013
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bobby Gene Clark, Jr. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 27, 2013
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ORDER of Detention pending trial as to defendant Bobby Gene Clark, Jr. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 20, 2013
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ORDER as to Bobby Gene Clark Jr. (1). Defendant's motion to continue, (filing no. 18), is granted. Pretrial motions and briefs shall be filed on or before January 9, 2014. Trial of this case remains scheduled to commence on January 27, 2014. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between todays date and January 9, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsels due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h) (7)(A) & (B). Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 10, 2014
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MEMORANDUM AND ORDER - For the court's review of defendant's motion to suppress, (Filing No. 21), on or before January 21, 2014, the defendant shall file the warrant application, warrant, and warrant return at issue as to defendant Bobby Gene Clark, Jr.. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
January 10, 2014
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MEMORANDUM AND ORDER -The Defendant's Motion to Suppress 21 was filed yesterday and will not be resolved before the current trial date as to defendant Bobby Gene Clark, Jr.. Trial of this case is continued pending resolution of the defendant's pretrial motions. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
March 5, 2014
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MEMORANDUM AND ORDER as to Bobby Gene Clark, Jr. that the Court adopts the Magistrate Judge's Findings and Recommendation 31. The defendant's objection 32 is overruled. The defendant's motion to suppress 21 is denied. Ordered by Judge John M. Gerrard. (JSF)
July 14, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Bobby Gene Clark, Jr. Ordered by Judge John M. Gerrard. (JSF)
July 14, 2014
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PRELIMINARY ORDER OF FORFEITURE granting 46 Motion for Preliminary Forfeiture. The plaintiff is authorized to seize the following properties: One HP laptop computer, serial number 6CG2072RIQ, containing one Toshiba 320 GB hard drive, serial number 12L8C30QT. One HP laptop computer, serial number CNF94373WK, containing one Fujitsu 100 GB hard drive, serial number K94NT992KBGC. One 4 GB flash drive. The defendant's interests in the above properties are forfeited to the plaintiff for disposition. Upon adjudication of all third-party interests, this Court will enter a final order of forfeiture as to Bobby Gene Clark Jr. (1). Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (JSF)
July 23, 2014
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Bobby Gene Clark, Jr. Ordered by Judge John M. Gerrard. (JSF)
October 8, 2014
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FINAL ORDER OF FORFEITURE granting 82 Motion for Final Forfeiture as to Bobby Gene Clark Jr. (1). All right, title, and interest in and to the following properties, held by any person or entity, are hereby forever barred and foreclosed: a. One HP laptop computer, serial number 6CG2072RIQ, containing one Toshiba 320 GB hard drive, serial number 12L8C30QT. b. One HP laptop computer, serial number CNF94373WK, containing one Fujitsu 100 GB hard drive, serial number K94NT992KBGC. c. One 4 GB flash drive. The properties described above are forfeited to the plaintiff. The plaintiff is directed to dispose of the properties described above in accordance with law. Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (JSF)
October 31, 2016
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MEMORANDUM AND ORDER as to defendant Bobby Gene Clark Jr. The defendant's pro se motion to vacate under 28 U.S.C. § 2255 (filing 94) is denied. The defendant's motion for appointment of counsel (filing 93) is denied. The Court will not issue a certificate of appealability in this matter. A separate judgment will be entered. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG) Civil Case 4:15-cv-03125-JMG closed.