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08-107 - USA v. O'Neal et al


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08-107 - USA v. O'Neal et al
July 17, 2008
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ORDER OF DETENTION PENDING TRIAL as to Ralph T. O'Neal, III. Signed by Magistrate Judge H Bruce Guyton on 7/17/08. (DCP) Modified on 7/18/2008 to correct filing date (JAN, ).
July 17, 2008
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PROTECTIVE ORDER as to Ralph T. O'Neal, III. It is the ORDER of this Court that this Protective Order issue as to the property described in Attachment A hereto, incorporated herein by this reference, to wit: It is further ORDERED that if any of the property described in Attachment A has been or is transferred or disposed of by any means, the defendant, RALPH T. ONEAL III, shall account to the Court for the disposition of the property. It is further ORDERED that defendant, RALPH T. ONEAL III, shall be served with a copy of this Order.It is further ORDERED that the Clerk of this Court provide the United StatesAttorneys Office with a certified copy of this Order to record in the county records where the identified real property is located as soon as practical.Protective Order United States v. Ralph T. ONeal III; This order shall remain in effect until further Order of the Court or until the Court modifies the Order as appears necessary in the interest of justice and consistent with the purposes of Title 21, United States Code, Section 853. Attachment "A" attached. (Service made by Clerk as directed in this order). (DCP)
August 27, 2008
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MEMORANDUM and ORDER granting 47 Motion to Continue Detention hearing as to Ralph T. O'Neal III (1); and denying as as moot 21 Motion file additional motions as to Ralph T. O'Neal III (1) signed by Magistrate Judge H Bruce Guyton on 8/27/08. Detention hearing reset to September 22, 2008 at 9:30 a.m. (NGW)
September 30, 2008
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MEMORANDUM and ORDER granting 58 Motion to Continue Motion Filing Deadline as to Brandon Cooper (3); granting 59 Motion to Continue Motion Filing Deadline as to Demond Reed (4). Deadlines extended to 10/10/08; responses by 10/24/08. Signed by Magistrate Judge H Bruce Guyton on 9/30/08. (NGW)MEMORANDUM and ORDER granting 58 Motion to Continue Motion Filing Deadline as to Brandon Cooper (3); granting 59 Motion to Continue Motion Filing Deadline as to Demond Reed (4). Deadlines extended to 10/10/08; responses by 10/24/08. Signed by Magistrate Judge H Bruce Guyton on 9/30/08. (NGW)MEMORANDUM and ORDER granting 58 Motion to Continue Motion Filing Deadline as to Brandon Cooper (3); granting 59 Motion to Continue Motion Filing Deadline as to Demond Reed (4). Deadlines extended to 10/10/08; responses by 10/24/08. Signed by Magistrate Judge H Bruce Guyton on 9/30/08. (NGW)MEMORANDUM and ORDER granting 58 Motion to Continue Motion Filing Deadline as to Brandon Cooper (3); granting 59 Motion to Continue Motion Filing Deadline as to Demond Reed (4). Deadlines extended to 10/10/08; responses by 10/24/08. Signed by Magistrate Judge H Bruce Guyton on 9/30/08. (NGW)MEMORANDUM and ORDER granting 58 Motion to Continue Motion Filing Deadline as to Brandon Cooper (3); granting 59 Motion to Continue Motion Filing Deadline as to Demond Reed (4). Deadlines extended to 10/10/08; responses by 10/24/08. Signed by Magistrate Judge H Bruce Guyton on 9/30/08. (NGW)
October 14, 2008
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MEMORANDUM AND ORDER granting 67 Motion to Withdraw as Attorney. Richard L Gaines withdrawn from case as to Brandon Cooper(3). The Court therefore and hereby substitutes and appoints Ms. Morelock under the Civil Justice Act (CJA) as counsel of record for Defendant Cooper. The Court informed Attorney Morelock of the April 7, 2009 trial date and the October 30, 2008, 9:00 a.m. motion and evidentiary hearing set in this case. Signed by Magistrate Judge H Bruce Guyton on 10/14/2008. (KMK)
October 30, 2008
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MEMORANDUM AND ORDER: Defendant ONeals Pro Se Motion for New Counsel 77 is GRANTED and Attorney Jonathan Cooper is relieved of any further responsibility in this case and appoint new counsel to Defendant ONeal; Defendant Coopers Motion to Continue the Motion Deadline and Motion Hearing 78 is GRANTED. The motion deadline is extended until November 21, 2008, and the Government shall file any responses to such motions by December 5, 2008; Defendant Reeds Motion to Withdraw Pretrial Motions 87 is GRANTED, and therefore, Defendant Reeds Motion to Sever 61, Motion for Disclosure 62, and Motion for Bill of Particulars 63 are WITHDRAWN; and Defendant Curriers Motion for Leave to File Additional Motions 73 is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 10/30/08. (JAN, )MEMORANDUM AND ORDER: Defendant ONeals Pro Se Motion for New Counsel 77 is GRANTED and Attorney Jonathan Cooper is relieved of any further responsibility in this case and appoint new counsel to Defendant ONeal; Defendant Coopers Motion to Continue the Motion Deadline and Motion Hearing 78 is GRANTED. The motion deadline is extended until November 21, 2008, and the Government shall file any responses to such motions by December 5, 2008; Defendant Reeds Motion to Withdraw Pretrial Motions 87 is GRANTED, and therefore, Defendant Reeds Motion to Sever 61, Motion for Disclosure 62, and Motion for Bill of Particulars 63 are WITHDRAWN; and Defendant Curriers Motion for Leave to File Additional Motions 73 is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 10/30/08. (JAN, )MEMORANDUM AND ORDER: Defendant ONeals Pro Se Motion for New Counsel 77 is GRANTED and Attorney Jonathan Cooper is relieved of any further responsibility in this case and appoint new counsel to Defendant ONeal; Defendant Coopers Motion to Continue the Motion Deadline and Motion Hearing 78 is GRANTED. The motion deadline is extended until November 21, 2008, and the Government shall file any responses to such motions by December 5, 2008; Defendant Reeds Motion to Withdraw Pretrial Motions 87 is GRANTED, and therefore, Defendant Reeds Motion to Sever 61, Motion for Disclosure 62, and Motion for Bill of Particulars 63 are WITHDRAWN; and Defendant Curriers Motion for Leave to File Additional Motions 73 is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 10/30/08. (JAN, )MEMORANDUM AND ORDER: Defendant ONeals Pro Se Motion for New Counsel 77 is GRANTED and Attorney Jonathan Cooper is relieved of any further responsibility in this case and appoint new counsel to Defendant ONeal; Defendant Coopers Motion to Continue the Motion Deadline and Motion Hearing 78 is GRANTED. The motion deadline is extended until November 21, 2008, and the Government shall file any responses to such motions by December 5, 2008; Defendant Reeds Motion to Withdraw Pretrial Motions 87 is GRANTED, and therefore, Defendant Reeds Motion to Sever 61, Motion for Disclosure 62, and Motion for Bill of Particulars 63 are WITHDRAWN; and Defendant Curriers Motion for Leave to File Additional Motions 73 is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 10/30/08. (JAN, )MEMORANDUM AND ORDER: Defendant ONeals Pro Se Motion for New Counsel 77 is GRANTED and Attorney Jonathan Cooper is relieved of any further responsibility in this case and appoint new counsel to Defendant ONeal; Defendant Coopers Motion to Continue the Motion Deadline and Motion Hearing 78 is GRANTED. The motion deadline is extended until November 21, 2008, and the Government shall file any responses to such motions by December 5, 2008; Defendant Reeds Motion to Withdraw Pretrial Motions 87 is GRANTED, and therefore, Defendant Reeds Motion to Sever 61, Motion for Disclosure 62, and Motion for Bill of Particulars 63 are WITHDRAWN; and Defendant Curriers Motion for Leave to File Additional Motions 73 is DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 10/30/08. (JAN, )
December 23, 2008
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MEMORANDUM and ORDER denying pro se 94 Motion to Dismiss and 95 and 96 as to Ralph T. O'Neal III (1); denying as moot 19 Motion Retain Rough Notes as to Ralph T. O'Neal III (1). Motion hearing to address Defendant Currier's pending motions scheduled for January 26, 2009 at 9:00 a.m.signed by Magistrate Judge H Bruce Guyton on 12/23/08. (NGW)MEMORANDUM and ORDER denying pro se 94 Motion to Dismiss and 95 and 96 as to Ralph T. O'Neal III (1); denying as moot 19 Motion Retain Rough Notes as to Ralph T. O'Neal III (1). Motion hearing to address Defendant Currier's pending motions scheduled for January 26, 2009 at 9:00 a.m.signed by Magistrate Judge H Bruce Guyton on 12/23/08. (NGW)MEMORANDUM and ORDER denying pro se 94 Motion to Dismiss and 95 and 96 as to Ralph T. O'Neal III (1); denying as moot 19 Motion Retain Rough Notes as to Ralph T. O'Neal III (1). Motion hearing to address Defendant Currier's pending motions scheduled for January 26, 2009 at 9:00 a.m.signed by Magistrate Judge H Bruce Guyton on 12/23/08. (NGW)MEMORANDUM and ORDER denying pro se 94 Motion to Dismiss and 95 and 96 as to Ralph T. O'Neal III (1); denying as moot 19 Motion Retain Rough Notes as to Ralph T. O'Neal III (1). Motion hearing to address Defendant Currier's pending motions scheduled for January 26, 2009 at 9:00 a.m.signed by Magistrate Judge H Bruce Guyton on 12/23/08. (NGW)MEMORANDUM and ORDER denying pro se 94 Motion to Dismiss and 95 and 96 as to Ralph T. O'Neal III (1); denying as moot 19 Motion Retain Rough Notes as to Ralph T. O'Neal III (1). Motion hearing to address Defendant Currier's pending motions scheduled for January 26, 2009 at 9:00 a.m.signed by Magistrate Judge H Bruce Guyton on 12/23/08. (NGW)
December 30, 2008
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MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 12/30/2008: Granting in part and denying in part 16 Motion for Bill of Particulars as to Ralph T. O'Neal III (1); granting in part and denying in part 71 Motion for Bill of Particulars as to Michael Currier (2). (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 12/30/2008: Granting in part and denying in part 16 Motion for Bill of Particulars as to Ralph T. O'Neal III (1); granting in part and denying in part 71 Motion for Bill of Particulars as to Michael Currier (2). (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 12/30/2008: Granting in part and denying in part 16 Motion for Bill of Particulars as to Ralph T. O'Neal III (1); granting in part and denying in part 71 Motion for Bill of Particulars as to Michael Currier (2). (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 12/30/2008: Granting in part and denying in part 16 Motion for Bill of Particulars as to Ralph T. O'Neal III (1); granting in part and denying in part 71 Motion for Bill of Particulars as to Michael Currier (2). (JDH)MEMORANDUM AND ORDER signed by Magistrate Judge H Bruce Guyton on 12/30/2008: Granting in part and denying in part 16 Motion for Bill of Particulars as to Ralph T. O'Neal III (1); granting in part and denying in part 71 Motion for Bill of Particulars as to Michael Currier (2). (JDH)
January 26, 2009
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MEMORANDUM AND ORDER as to Ralph T. O'Neal, III, Michael Currier, Brandon Cooper, Demond Reed, Randy Spears: The defendants shall have up to and including February 18, 2009, to file motions. The Government shall have up to and including March 4, 2009, to file its response to the such motions. A hearing to address these motions and any scheduling issues shall be held on March 25, 2009, at 9:00 a.m. and the trial in this matter remains set for April 7, 2009, before the Honorable Thomas W. Phillips, United States District Judge. Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER as to Ralph T. O'Neal, III, Michael Currier, Brandon Cooper, Demond Reed, Randy Spears: The defendants shall have up to and including February 18, 2009, to file motions. The Government shall have up to and including March 4, 2009, to file its response to the such motions. A hearing to address these motions and any scheduling issues shall be held on March 25, 2009, at 9:00 a.m. and the trial in this matter remains set for April 7, 2009, before the Honorable Thomas W. Phillips, United States District Judge. Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER as to Ralph T. O'Neal, III, Michael Currier, Brandon Cooper, Demond Reed, Randy Spears: The defendants shall have up to and including February 18, 2009, to file motions. The Government shall have up to and including March 4, 2009, to file its response to the such motions. A hearing to address these motions and any scheduling issues shall be held on March 25, 2009, at 9:00 a.m. and the trial in this matter remains set for April 7, 2009, before the Honorable Thomas W. Phillips, United States District Judge. Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER as to Ralph T. O'Neal, III, Michael Currier, Brandon Cooper, Demond Reed, Randy Spears: The defendants shall have up to and including February 18, 2009, to file motions. The Government shall have up to and including March 4, 2009, to file its response to the such motions. A hearing to address these motions and any scheduling issues shall be held on March 25, 2009, at 9:00 a.m. and the trial in this matter remains set for April 7, 2009, before the Honorable Thomas W. Phillips, United States District Judge. Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER as to Ralph T. O'Neal, III, Michael Currier, Brandon Cooper, Demond Reed, Randy Spears: The defendants shall have up to and including February 18, 2009, to file motions. The Government shall have up to and including March 4, 2009, to file its response to the such motions. A hearing to address these motions and any scheduling issues shall be held on March 25, 2009, at 9:00 a.m. and the trial in this matter remains set for April 7, 2009, before the Honorable Thomas W. Phillips, United States District Judge. Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)
January 26, 2009
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MEMORANDUM AND ORDER granting 68 Motion to Sever Defendant as to Michael Currier (2); denying as moot 69 Motion for Disclosure as to Michael Currier (2); denying as moot 70 Motion for Disclosure as to Michael Currier (2); denying as moot 74 Motion for Discovery as to Michael Currier (2). A final pretrial conference for Defendant Currier will be held on July 22, 2009, at 9:30 a.m. Defendant Curriers trial will begin on July 28, 2009, before the Honorable Thomas W. Phillips, United States District Court Judge. The time between the filing of Motion to Sever on October 10, 2008, and the new trial date of July 28, 2009, shall be fully excludable as provided by the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(8)(A), (B) & (F). Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER granting 68 Motion to Sever Defendant as to Michael Currier (2); denying as moot 69 Motion for Disclosure as to Michael Currier (2); denying as moot 70 Motion for Disclosure as to Michael Currier (2); denying as moot 74 Motion for Discovery as to Michael Currier (2). A final pretrial conference for Defendant Currier will be held on July 22, 2009, at 9:30 a.m. Defendant Curriers trial will begin on July 28, 2009, before the Honorable Thomas W. Phillips, United States District Court Judge. The time between the filing of Motion to Sever on October 10, 2008, and the new trial date of July 28, 2009, shall be fully excludable as provided by the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(8)(A), (B) & (F). Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER granting 68 Motion to Sever Defendant as to Michael Currier (2); denying as moot 69 Motion for Disclosure as to Michael Currier (2); denying as moot 70 Motion for Disclosure as to Michael Currier (2); denying as moot 74 Motion for Discovery as to Michael Currier (2). A final pretrial conference for Defendant Currier will be held on July 22, 2009, at 9:30 a.m. Defendant Curriers trial will begin on July 28, 2009, before the Honorable Thomas W. Phillips, United States District Court Judge. The time between the filing of Motion to Sever on October 10, 2008, and the new trial date of July 28, 2009, shall be fully excludable as provided by the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(8)(A), (B) & (F). Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER granting 68 Motion to Sever Defendant as to Michael Currier (2); denying as moot 69 Motion for Disclosure as to Michael Currier (2); denying as moot 70 Motion for Disclosure as to Michael Currier (2); denying as moot 74 Motion for Discovery as to Michael Currier (2). A final pretrial conference for Defendant Currier will be held on July 22, 2009, at 9:30 a.m. Defendant Curriers trial will begin on July 28, 2009, before the Honorable Thomas W. Phillips, United States District Court Judge. The time between the filing of Motion to Sever on October 10, 2008, and the new trial date of July 28, 2009, shall be fully excludable as provided by the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(8)(A), (B) & (F). Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)MEMORANDUM AND ORDER granting 68 Motion to Sever Defendant as to Michael Currier (2); denying as moot 69 Motion for Disclosure as to Michael Currier (2); denying as moot 70 Motion for Disclosure as to Michael Currier (2); denying as moot 74 Motion for Discovery as to Michael Currier (2). A final pretrial conference for Defendant Currier will be held on July 22, 2009, at 9:30 a.m. Defendant Curriers trial will begin on July 28, 2009, before the Honorable Thomas W. Phillips, United States District Court Judge. The time between the filing of Motion to Sever on October 10, 2008, and the new trial date of July 28, 2009, shall be fully excludable as provided by the Speedy Trial Act. 18 U.S.C. §§ 3161(h)(8)(A), (B) & (F). Signed by Magistrate Judge H Bruce Guyton on 1/26/2009. (KMK)
March 25, 2009
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MEMORANDUM AND ORDER granting 109 Motion to Withdraw as Attorney as to Ralph T. O'Neal III (1). Attorney Kimberly Parton is relieved of any further responsibility in this case, other than turning her case file over to Attorney McGovern, and Attorney Michael McGovern is APPOINTED as CJA counsel for the Defendant. Signed by Magistrate Judge H Bruce Guyton on 3/25/2009. (KMK)MEMORANDUM AND ORDER granting 109 Motion to Withdraw as Attorney as to Ralph T. O'Neal III (1). Attorney Kimberly Parton is relieved of any further responsibility in this case, other than turning her case file over to Attorney McGovern, and Attorney Michael McGovern is APPOINTED as CJA counsel for the Defendant. Signed by Magistrate Judge H Bruce Guyton on 3/25/2009. (KMK)MEMORANDUM AND ORDER granting 109 Motion to Withdraw as Attorney as to Ralph T. O'Neal III (1). Attorney Kimberly Parton is relieved of any further responsibility in this case, other than turning her case file over to Attorney McGovern, and Attorney Michael McGovern is APPOINTED as CJA counsel for the Defendant. Signed by Magistrate Judge H Bruce Guyton on 3/25/2009. (KMK)MEMORANDUM AND ORDER granting 109 Motion to Withdraw as Attorney as to Ralph T. O'Neal III (1). Attorney Kimberly Parton is relieved of any further responsibility in this case, other than turning her case file over to Attorney McGovern, and Attorney Michael McGovern is APPOINTED as CJA counsel for the Defendant. Signed by Magistrate Judge H Bruce Guyton on 3/25/2009. (KMK)
April 24, 2009
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MEMORANDUM and ORDER granting 114 Motion to Relieve Counsel as to Ralph T. O'Neal III (1); granting 116 Motion to Withdraw as Attorney as to Ralph T. O'Neal III (1). Defendant permitted to represent himself. CJA Attorney Steven G. Shope appointed as elbow counsel. Signed by Magistrate Judge H Bruce Guyton on 4/24/09. (NGW)
May 13, 2009
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MEMORANDUM and ORDER denying 120 Motion for Hearing as to Ralph T. O'Neal III (1); denying 122 Motion for Disclosure as to Ralph T. O'Neal III (1); denying 123 Motion for Pretrial Determination of Admissibility of Alleged Co-Conspirator's Statements as to Ralph T. O'Neal III (1); denying 127 Motion to Request a Motion Cut-off Date as to Ralph T. O'Neal III (1); denying 128 Motion to Request Order in the COurt as to Ralph T. O'Neal III (1); denying 131 Motion for Return of Property/PreTrial as to Ralph T. O'Neal III (1) - all are untimely. Signed by Magistrate Judge H Bruce Guyton on 5/13/09. (cm defendant O'Neal at Blount Co. Det. Center) (NGW)
May 13, 2009
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REPORT AND RECOMMENDATION as to Ralph T. O'Neal, III RECOMMENDING DENIAL re 134 pro se MOTION to Dismiss or Forward to the Untied States Supreme Court, 130 pro se MOTION to Dismiss Unconstitutional Statute Signed by Magistrate Judge H Bruce Guyton on 5/13/09. (cm to defendant O'Neal via US Mail to Blount Co. Detention Center) (NGW)
May 14, 2009
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REPORT AND RECOMMENDATIONS as to Ralph T. O'Neal, III RECOMMENDING DENIAL re 159 MOTION to Produce, 149 MOTION to Dismiss, 147 MOTION to Dismiss, 153 MOTION to Suppress, 143 MOTION to Dismiss for Lack of Jurisdiction, 154 MOTION to Dismiss, 142 MOTION to Dismiss, 151 MOTION to Dismiss, 145 MOTION to Dismiss, 144 MOTION to Dismiss, 157 MOTION to Dismiss, 141 MOTION Quash Arrest Warrant. Signed by Magistrate Judge H Bruce Guyton on 5/14/09. (c/m to defendant O'Neal by US mail to Blount Co. Detention Center) (NGW)
May 14, 2009
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MEMORANDUM and ORDER denying 140 Motion for Return of Property/PreTrial as to Ralph T. O'Neal III (1); denying 148 Motion to Strike as to Ralph T. O'Neal III (1); denying 150 Motion as to Ralph T. O'Neal III (1); denying 152 Motion for Hearing as to Ralph T. O'Neal III (1); denying 155 Motion for Protective Order as to Ralph T. O'Neal III (1); denying 156 Motion for Return of Property/PreTrial as to Ralph T. O'Neal III (1); denying 158 Motion for Private Investigator as to Ralph T. O'Neal III (1); denying 161 Motion for Disclosure as to Ralph T. O'Neal III (1); denying 162 Motion for Disclosure as to Ralph T. O'Neal III (1); denying 163 Motion to Compel as to Ralph T. O'Neal III (1). Signed by Magistrate Judge H Bruce Guyton on 5/14/09. All untimely and DENIED. (c/m by US mail to defendant O'Neal at Blount Co. Det. Center) (NGW)
June 2, 2009
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MEMORANDUM AND ORDER as to Ralph T. O'Neal, III. It is ORDERED that at the motion hearing on June 24, 2009, at 1:30 p.m., the Court will take up the detention issue, Doc. 121, the suppression motion, Doc. 18, the six pending late-filed motions, Docs. 166, 167, 168, 169, 170, and 172, and any other motions that the District Court directs the Court to hear. The governments responses to these motions are due on or before June 15, 2009. The parties agreed to reset the detention hearing to June 24, 2009, at 1:30 p.m. Attorney Shope will assist the defendant in preparing his subpoenas. (Copies mailed to Ralph T. O'Neal, III, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804 ) Signed by Magistrate Judge C Clifford Shirley on 6/2/2009. (DCP, ) Modified on 7/14/2009 (DCP, ).
June 23, 2009
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MEMORANDUM AND ORDER. The Court finds that the Defendants Motion For Subpoenas, Doc. 185 and the unissued subpoenas, Doc. 187, to the extent the Defendant requests their issuance under Rule 17, are not well-taken, and they are DENIED. Signed by Magistrate Judge C Clifford Shirley on 6/23/2009. (DCP, ) Modified on 7/14/2009 (DCP, ).
July 2, 2009
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MEMORANDUM AND ORDER. The Petition for Hearing (Motion), Doc. 169 is DENIED; The second The Petition for Hearing (Motion) Doc. 168 is DENIED; The Defendants Motion to Extend the Motion Cut-off. Doc. 172 is DENIED, except to the extent that the Court will entertain the final oral motion made at the June 24, 2009, hearing; Pro Se Motion, Doc. 183 is DENIED; Motion for Subpoena Duces Tecum, Doc. 184 is DENIED; The motions that the Defendant moved to withdraw ,Docs. 166 and 180 are DENIED AS MOOT, for reasons set out in this order; and A report and recommendation addressing the Motion to Suppress, Doc. 18 and the oral motion to dismiss that the Defendant made at the June 24, 2009, hearing, will follow this order. Signed by Magistrate Judge C Clifford Shirley on 7/2/2009. (COPY OF THIS DOCUMENT MAILED TO Ralph T. O'Neal, IIIBLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804 (DCP, ) Modified on 7/14/2009 (DCP, ).
July 10, 2009
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REPORT AND RECOMMENDATIONS as to Ralph T. O'Neal, III recommending to Deny the Defendant's 18 MOTION to Suppress Statement of Defendant. Signed by Magistrate Judge C Clifford Shirley on 7/10/2009. (DCP, )
July 10, 2009
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REPORT AND RECOMMENDATIONS as to Ralph T. O'Neal, III re 167 MOTION to Dismiss for Lack of Jurisdiction. The Court finds that the Defendants oral motion to dismiss is not well-taken, and the Court RECOMMENDS that it be DENIED. Signed by Magistrate Judge C Clifford Shirley on 7/10/2009. (DCP, )
July 15, 2009
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MEMORANDUM AND ORDER granting 198 Motion to Continue as to Michael Currier (2). The trial date is set for January 20, 2010, before the HonorableThomas W. Phillips, United States District Judge; The plea agreement cut-off date in this matter shall be January 6, 2010; and All time between the June 25, 2009, and the January 20, 2010, trial date is fully excludable under the Speedy Trial Act. Signed by Magistrate Judge C Clifford Shirley on 7/15/2009. (DCP, )
August 3, 2009
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MEMORANDUM AND ORDER - In the absence of good cause shown, the Court declines to extend the motion deadline any further. The Defendants Complaint 5 U.S.C. (a)(4)(B), Doc. 215 filed July 28, 2009, the Petition for Franks Hearing, Doc. 216 filed July 28, 2009, and the Freedom of Information Act & Tennessee Bar Request, Doc. 217 filed August 3, 2009, are untimely and not well-taken, and they are hereby DENIED. Signed by Magistrate Judge C Clifford Shirley on 8/3/2009. (Copy of this M & O sent vial U.S. mail to the Defendant at BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804) (DCP, )
August 19, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 138 as to Ralph T. O'Neal, III. Defendant's objections to the R&R, Docs. 174, and 182 are hereby OVERRULED in there entirety. Accordingly, defendant's motions to dismiss, Docs. 130, and 134 are DENIED in their entirety. Signed by District Judge Thomas W Phillips on August 19, 2009. (RLK)
August 19, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 164 as to Ralph T. O'Neal, III, whereby the following motions are DENIED: (1) defendants pro se motion to quash arrest warrant, Doc. 141; (2) defendants pro se motion to dismiss, or alternatively, to suppress and for sanctions and other relief, Doc. 142; (3) defendants pro se motion to dismiss indictment for lack of jurisdiction, Doc. 143; (4) defendants pro se motion to dismiss (Speedy Trial), Doc. 144; (5) defendants pro se motion to dismiss for illegal use of tracking device, Doc. 145; (6) defendants pro se motion to dismiss and suppress evidence under Rule 41, Doc. 147; (7) defendants pro se motion to dismiss for violation of the Constitution, Doc. 149; (8) defendants pro se motion to dismiss for ineffective assistance of counsel, Doc. 151; (9) defendants pro se motion to suppress the fruits of a wiretap or recorded calls, Doc. 153; (10) defendants pro se motion to dismiss for failure to obey a court order, Doc. 154; (11) defendants pro se motion to dismiss school statute in the second superseding indictment, Doc. 157; and (12) defendants pro se motion for government to produce relevant information pertaining to firearm - Rule 16 and dismiss because of non-possession, Doc. 159. Signed by District Judge Thomas W Phillips on August 19, 2009. (RLK)
August 19, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 208 as to Ralph T. O'Neal, III whereby defendant's 18 Motion to Suppress is DENIED. Signed by District Judge Thomas W Phillips on August 19, 2009. (RLK)
August 19, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 209 as to Ralph T. O'Neal, III whereby defendant's 167 Motion to Dismiss/Lack of Jurisdiction and defendant's oral motion to dismiss made at the June 24, 2009 hearing by Ralph T. O'Neal, III are DENIED. Signed by District Judge Thomas W Phillips on August 19, 2009. (RLK)
August 27, 2009
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MEMORANDUM AND ORDER denying 230 Motion as to Ralph T. O'Neal III (1); and denying 231 Motion for Leave to File Document as to Ralph T. O'Neal III (1) in that both motions are filed untimely and not well taken. Signed by Magistrate Judge C Clifford Shirley on 8/27/2009. (Copy of this order mailed to defendant at BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804.(DCP, )
September 2, 2009
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MEMORANDUM AND ORDER granting 240 Attorney Steve Shope's Motion to Continue as to Ralph T. O'Neal III (1). The trial of this matter is reset to commence on December 15, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; All time between the August 31, 2009 hearing and the new trial date of December 15, 2009, is fully excludable time for speedy trial purposes as set out in this order. The parties are to appear before the undersigned for a pretrial conference on October 8, 2009, at 1:30 p.m.; Defendant ONeals brief on the legal and evidentiary matters that need to be addressed at the pretrial conference is due September 23, 2009; The Governments response to Defendant ONeals brief is due October 1, 2009; and The plea negotiation deadline in this case is December 1, 2009. Signed by Magistrate Judge C Clifford Shirley on 9/2/2009. (COPY MAILED TO Ralph T. O'Neal, III, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAYMARYVILLE, TN 37804.) (DCP, )MEMORANDUM AND ORDER granting 240 Attorney Steve Shope's Motion to Continue as to Ralph T. O'Neal III (1). The trial of this matter is reset to commence on December 15, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; All time between the August 31, 2009 hearing and the new trial date of December 15, 2009, is fully excludable time for speedy trial purposes as set out in this order. The parties are to appear before the undersigned for a pretrial conference on October 8, 2009, at 1:30 p.m.; Defendant ONeals brief on the legal and evidentiary matters that need to be addressed at the pretrial conference is due September 23, 2009; The Governments response to Defendant ONeals brief is due October 1, 2009; and The plea negotiation deadline in this case is December 1, 2009. Signed by Magistrate Judge C Clifford Shirley on 9/2/2009. (COPY MAILED TO Ralph T. O'Neal, III, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAYMARYVILLE, TN 37804.) (DCP, )
February 19, 2013
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REPORT AND RECOMMENDATIONS as to Ralph T O'Neal, III re 493 MOTION to Appoint Counsel, 499 MOTION to Appoint Counsel , recommending that defendants pro se motion for appointment of an attorney to assist him with the filing of a § 2255 motion, (Doc. 493) should be denied. Attorney Vogels motion to be appointed to represent defendant with respect to the motion for new trial, (Doc. 499), should be granted nunc pro tunc December 15, 2012, withthe understanding that such appointment does not carry with it a guarantee that he will be compensated for his work. Signed by Magistrate Judge Dennis H Inman on 2/19/2013. (CSL)
March 15, 2013
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MEMORANDUM AND ORDER as to Ralph T O'Neal III (1); government's objections to the R&R [Doc.504] are hereby OVERRULED, whereby the Report and Recommendation 503 is ACCEPTED IN WHOLE. Accordingly, defendant's motion for appointment of counsel to file a motion for new trial 499 is GRANTED, and defendant's pro se motion for appointment of counsel to assist him with the filing of a § 2255 motion 493 is DENIED. Signed by District Judge Thomas W Phillips on 3/15/13. (c/m) (ADA)
March 15, 2013
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MEMORANDUM AND ORDERdenying 494 Motion for New Trial as to Ralph T O'Neal III (1). Signed by District Judge Thomas W Phillips on 3/15/13. (c/m) (ADA)
June 30, 2015
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REPORT AND RECOMMENDATION as to Ralph T O'Neal, III re 574 MOTION for Return of Property/PostTrial, 581 MOTION for Return of U.S. Currency. The Court RECOMMENDS that the Defendant's motions, be DENIED. Signed by Magistrate Judge Clifton L Corker on 6/30/15. c/m (KDO)
November 2, 2015
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ORDER overruling 593 Ralph T O'Neal III's objections to the Report and Recommendation. The court ACCEPTS IN WHOLE 592 Magistrate Judge Corker's Report and Recommendation. Ralph T O'Neal's motions for return of property [Docs. 574, 581] are DENIED. Signed by District Judge Pamela L Reeves on November 2, 2015. c/m (AYB)
May 3, 2016
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MEMORANDUM and ORDER as to Michael Currier finding that Petitioner is not entitled to relief pursuant to 28 U.S.C. § 2255. A hearing is unnecessary in this case. A Judgment will enter DENYING the Motion [Doc. 513]. Signed by District Judge Pamela L Reeves on May 2, 2016. c/m (AYB)
May 3, 2016
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JUDGMENT denying and dismissing with prejudice 513 Motion to Vacate (2255) as to Michael Currier (2). If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any appeal from this judgment by Petitioner would be frivolous and not taken in good faith. Signed by District Judge Pamela L Reeves on May 2, 2016. c/m (AYB) Civil Case 3:13-cv-00396-PLR closed.