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17-028 - USA v. Bartunek


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17-028 - USA v. Bartunek
February 17, 2017
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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 Gregory Bartunek. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 28, 2017
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ORDER of Detention pending trial as to defendant Gregory Bartunek. Ordered by Judge Robert F. Rossiter, Jr.(MLF, )
March 10, 2017
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ORDER granting 31 Motion for Extension of Time to File Pretrial Motions as to Gregory Bartunek. Pretrial Motion Deadline set for 3/14/2017. The time between March 9, 2017 and March 14, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge Susan M. Bazis. (SLP)
April 25, 2017
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ORDER - In light of Bartunek's pending appeal, the Court denies his Motion to Reconsider 52 and Motion for Additional Time to Respond 59 as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)( MKR)
April 25, 2017
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ORDER granting the defendant's 56 Motion for Leave to Appeal In Forma Pauperis as to Gregory Bartunek (1). Bartunek is permitted to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a)(3). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party)( MKR)
April 27, 2017
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ORDER as to defendant Gregory Bartunek. Due to the defendant's incarceration at the Douglas County Correctional Center, Defendant has very limited access to a computer. Therefore, the Court orders that the Government provide a full set of discovery documents in paper form to Defendant within seven days of today's hearing. Defendant shall review the discovery and then notify the Government in writing as to what items of evidence he would like to personally inspect. Thereafter, the Government will promptly make arrangements for Defendant to personally inspect those items. Ordered by Magistrate Judge Susan M. Bazis. (Copies mailed as directed) (MKR)
May 10, 2017
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ORDER that Bartunek's Motion for Release (Filing No. 84) is denied for lack of jurisdiction. Bartunek's Motions to Recuse and to Appoint Independent Counsel (Filing No. 86) are denied. If Bartunek seeks to reassert his right to counsel and to waive his right to self-representation, he should notify the Court immediately as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
May 19, 2017
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ORDER - Filing No. 94 is granted. Insofar as the government has not provided the information requested, it must do so no later than June 2, 2017. Filing Nos. 103 and 107 are granted as set forth above. Filing Nos. 101, 108, 110 and 111 are denied as to Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
May 25, 2017
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ORDER - Defendant's Motion to Reconsider (Filing No. 99) is granted in part, and denied in part, as set forth above. Defendant's Motion for Assistance (Filing No. 109) is granted in part, and denied in part, as set forth above as to Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
May 30, 2017
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ORDER - This matter is before the Court on defendant Gregory Bartunek's ("Bartunek") Motion for Leave to Appeal In Forma Pauperis (Filing No. 132). That motion is granted, and Bartunek is permitted to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a)(3). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
May 31, 2017
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ORDER on matter before the Court on its own motion as to defendant Gregory Bartunek, by June 12, 2017, the parties shall file briefs addressing only the legal question of whether Defendant's filing of the interlocutory appeal divested this Court of jurisdiction until such time as the appeal is resolved by the Eighth Circuit Court of Appeals; the hearing set in this case for June 1, 2017, is continued and will be rescheduled following a determination of this Court's jurisdiction. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to defendant Bartunek)(CCB)
June 6, 2017
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ORDER - that Defendant's Motion to Amend Document (Filing No. 147) is denied as to Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
June 7, 2017
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ORDER - that Defendant's Motion to Compel (Filing No. 127) and "Notice of Discovery Request" (Filing No. 133) are denied as to Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
August 9, 2017
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FINDINGS AND RECOMMENDATION as to defendant Gregory Bartunek. IT IS HEREBY RECOMMENDED to United States District Court Judge Robert Rossiter, Jr. that Bartunek's motions found at Filing Nos. 47, 48, 69, 74, 100, 158, and 178 be denied. It is also recommended that Filing Nos. 80 and 82 be denied in all respects except for the issue of the probative value of the photographs versus the photographs being prejudicial, which has been referred to Judge Rossiter. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party)(MLF, )
August 18, 2017
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ORDER denying 188 Motion to Revoke Detention Order as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
August 22, 2017
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ORDER - Defendant's Motion to Extend Time to Respond to Findings and Recommendation (Filing No. 190) is granted. Defendant's deadline to file an objection to the Finings and Recommendation (Filing No. 184) is extended to September 11, 2017. The ends of justice have been served by granting such motion and outweigh the interests of the public and Defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between August 21, 2017 and September 11, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason Defendant, who is proceeding pro se, requires additional time to prepare his response to the Findings and Recommendation. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(8)(A) & (B). Defendant has no objection to the exclusion of this time from the speedy trial calculation as to defendant Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
August 24, 2017
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ORDER as to defendant Gregory Bartunek. The Request for Additional Discovery 186 is granted as described. Ordered by Magistrate Judge Susan M. Bazis. (copy mailed to pro se party) (MBM)
August 24, 2017
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ORDER as to defendant Gregory Bartunek. Defendant's Request for at least 48 hours notice before a hearing is granted. Defendant will be allowed to have his paperwork with him in the holding cell once he arrives at the United States District Courthouse. The deadline for filing objections to the Findings and Recommendation, which is currently September 11, 2017, is extended to September 25, 2017. The time between August 24, 2017, and September 25, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Susan M. Bazis. (copy mailed to pro se party) (MBM)
September 19, 2017
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ORDER as to defendant Gregory Bartunek. The Clerk of Court shall provide and mail copies of the following Exhibit Nos. from the hearing held on June 22, 2017 to Defendant at his address of record: 2-8, 112, 103, 104, and 157. The Clerk of Court is further directed to mail copies of the following Filing Nos. to Defendant at his address of record: 2, 5, 13, and 35. Filing No. 35 shall be copied to a disk for mailing to Defendant. Ordered by Magistrate Judge Susan M. Bazis. (Copies mailed to defendant as directed)(MBM)
October 11, 2017
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ORDER that Gregory Bartunek's objection to the recommended denial of his Motion to Amend is sustained, and his Motion to Amend (Filing No. 48) is granted. All other objections (Filing Nos. 202, 203) are overruled. The magistrate judge's Findings and Recommendation (Filing No. 184) are accepted and affirmed in all other respects. Bartunek's eight Motions to Suppress (Filing Nos. 47, 69, 70, 71, 72, 80, 82, and 85) are denied in their entirety. Bartunek may reassert his evidentiary issues by a motion in limine at the appropriate time or by timely objection at trial. Bartunek's Motion to Dismiss (Filing No. 74); Motion to Compel (Filing No. 100); Motion for Reconsideration and Motion to Compel (Filing No. 158); Motion for a Franks Hearing (Filing No. 178); and Motion to Schedule (Filing No. 181) are denied. A hearing to further discuss with Bartunek his decision to represent himself is scheduled for Monday, October 16, 2017, at 2:00 p.m. in Courtroom No. 4, or as soon thereafter as it can be heard as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed and faxed to pro se party) (JSF)
October 23, 2017
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ORDER - This matter is before the Court on defendant Gregory Bartunek's ("Bartunek") motion to proceed in forma pauperis (Filing No. 214) for his interlocutory appeal of this Court's Order dated October 11, 2017 (Filing No. 208). That motion is granted, and Bartunek is permitted to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a)(3). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
November 8, 2017
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ORDER that the Motion for Review of Revocation of Detention Order and Re-Open Detention Hearing 212 is denied as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
November 14, 2017
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ORDER - Defendant shall be given 20 hours per week in the law library at Douglas County Corrections. Defendant shall be allowed access to the law library 20 hours per week, Monday through Friday, excluding holidays. Four hours per week may be subtracted from Defendant's 20-hour allotment for each weekday that is a holiday. Also, these 20 hours need not be evenly distributed throughout the week. The hours may be given in different time increments during the week, as long as Defendant is allowed to use the law library for a total of 20 hours per week (with the exception of weeks containing holidays as explained above). This time allotment shall continue until Defendant's trial has concluded. Once Defendant's trial has concluded, Defendant's access to the law library shall return to the standard time allotted to all inmates based on the rules and regulations of the Douglas County Correctional Center. Nothing further is required of Douglas County Corrections at this time. Michael Norris, counsel for the government, shall determine whether certain electronic information can be transferred to a hard drive as described in Defendant's letter dated November 4, 2017. This letter was received into evidence at the hearing as Exhibit No. 103. Mr. Norris shall provide written notice to Defendant and Defendant's standby counsel, Michael Maloney, as to whether this type of transfer of information is possible, and if so, what is needed from Defendant for the transfer to occur. The Clerk of Court is directed to mail a copy of this Order to Defendant at his address of record and to Mike Rupiper, c/o Douglas County Department of Corrections, 1709 Jackson St., Omaha, Nebraska, 68102. Ordered by Magistrate Judge Susan M. Bazis. (Copies mailed as directed)(KLF)
November 21, 2017
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ORDER - The Court construes Defendant's Motion to Stay (Filing 232) as a motion to continue trial. This motion will be granted by separate order. A procedure for the production of certain discovery was discussed and set forth on the record at today's hearing. The Clerk of Court is directed to mail a copy of this Order to Defendant at his address of record as to defendant Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
November 27, 2017
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ORDER - This matter is before the Court on defendant Gregory Bartunek's ("Bartunek") separate motions to proceed in forma pauperis (Filing Nos. 243 and 246) for his interlocutory appeals of this Court's Orders dated November 14, 2017 (Filing No. 229) and November 8, 2017 (Filing No. 223). Both motions are granted, and Bartunek is permitted to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a)(3). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (KLF)
December 15, 2017
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ORDER - The trial now set for January 22, 2018 is continued to March 12, 2018. In accordance with 18 U.S.C. § 3161(h)(7)(A), the Court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and Defendant in a speedy trial. Any additional time arising as a result of the granting of this continuance, that is, the time between today's date and March 12, 2018, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Failure to grant a continuance would deny Defendant, who is acting as his own counsel, the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(A) & (B)(iv). The Clerk of Court is directed to mail a copy of this Order to Defendant at his address of record as to defendant Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (KLF)
December 18, 2017
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ORDER denying 265 Motion to Dismiss with Prejudice as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
January 8, 2018
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ORDER denying Bartunek's Objections to Order and Motion to Renew Motion to Suppress Evidence 273 as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
February 26, 2018
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ORDER as to defendant Gregory Bartunek. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party and as directed)(LAC)
March 1, 2018
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ORDER that Bartunek's Motion to Dismiss With Prejudice (Filing No. 284) is denied as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
March 6, 2018
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ORDER that Gregory Bartunek's Motion to Appoint Counsel (Filing No. 298) is granted. The Federal Public Defender for the District of Nebraska is appointed to represent Bartunek and shall file an appearance as attorney of record in this matter. Bartunek's pending pro se Motion to Renew Motions in Limine (Filing No. 291), Motion in Limine to Suppress Evidence Withheld from Defendant (Filing No. 292), Motion in Limine to Suppress "Doll" Evidence from Searches (Filing No. 293), and Motion in Limine to Suppress FRE 404(b) and 414 Evidence (Filing No. 294) are denied without prejudice to reassertion by counsel at the appropriate time. The motion hearing scheduled for March 8, 2018, is cancelled. The Clerk of Court is directed to mail a copy of this Order to Bartunek at his address of record and to Mike Rupiper, c/o Douglas County Department of Corrections, 1709 Jackson Street, Omaha, Nebraska, 68102 as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copies mailed as directed) (JSF)
March 9, 2018
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ORDER granting Motion to Continue Trial 303. Jury Trial set for 8/27/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and August 27, 2018 is excluded for purposes of computing the limits under the Speedy Trial Act as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
March 20, 2018
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ORDER APPOINTING COUNSEL - CJA Counsel Andrew J. Wilson is appointed to represent the defendant Gregory Bartunek in this matter. Ordered by Judge Robert F. Rossiter, Jr.(MLF)
April 10, 2018
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ORDER that the Request for Transcript (Filing No. 313) is granted. The Clerk's Office is directed to mail a copy of this order to Paul Bartunek. Mr. Bartunek should contact court reporter Susan DeVetter at (402) 661-7309 to arrange payment as to Gregory Bartunek (1). Ordered by Judge Robert F. Rossiter, Jr. (Copies mailed as directed) (JSF)