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09-101 - USA v. Morris


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09-101 - USA v. Morris
July 6, 2010
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Memorandum Opinion as to James Gregory Morris. Defendant James Gregory Morris was charged in a three-count indictment with two counts of receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2) (counts one and two), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Morris waived a jury trial, and the case was tried to the court without a jury on July 6, 2010. On July 6, 2010 the court found Morris guilty on each count. Pursuant to Fed. R. Crim. P. 23(c), the court states its specific findings of fact in this memorandum opinion. (Ordered by Chief Judge Sidney A Fitzwater on 7/6/2010) (Chief Judge Sidney A Fitzwater) Modified on 7/7/2010 (jrb).
July 19, 2010
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AMENDED MEMORANDUM OPINION as to James Gregory Morris (See Order.) (Ordered by Chief Judge Sidney A Fitzwater on 7/19/2010) (twd)
August 16, 2010
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Memorandum Opinion and Order as to James Gregory Morris denying 123 July 30, 2010 MOTION to Recuse. (Ordered by Chief Judge Sidney A Fitzwater on 8/16/2010) (Chief Judge Sidney A Fitzwater)
August 23, 2010
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Memorandum Opinion and Order as to James Gregory Morris denying 140 Motion to Dismiss. (Ordered by Chief Judge Sidney A Fitzwater on 8/23/2010) (Chief Judge Sidney A Fitzwater)
August 26, 2010
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Memorandum Opinion and Order as to James Gregory Morris denying July 6, 2010 request for the court to take judicial notice of facts 90; July 6, 2010 declaration of sovereignty and independent nation status 91; July 6, 2010 motion for evidentiary hearing 92; July 6, 2010 UCC FINANCING STATEMENT AMENDMENT 93; July 6, 2010 motion for evidentiary hearing 94; July 6, 2010 motion to strike document 1 95; July 6, 2010 pleading of due process 96; July 6, 2010 pleading of unclean hands 97; July 6, 2010 pleading of immunity 98; July 6, 2010 pleading of jurisdiction 99; July 6, 2010 pleading of no in personam jurisdiction 100; July 6, 2010 motion to vacate proceeding 103; July 6, 2010 response to docket item number seventy seven 105; July 6, 2010 request for the court to take judicial notice of facts 106; July 29, 2010 pleading of denial of corporate existence 120; July 29, 2010 pleading of estoppel 121; July 30, 2010 notice of dishonor 125; July 30, 2010 statement of agreed facts 126; August 2, 2010 motion to dismiss for failure to state a claim 127; August 2, 2010 pleading of novation 128; August 2, 2010 pleading of subrogation 129; August 4, 2010 acceptance for value and returned for discharge of presentment 3:09-CR-101-D 130; August 4, 2010 motion to dismiss under Rule 12(b) for insufficient service of process 131; August 5, 2010 motion to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction 132 and affidavit in support 133; August 9, 2010 notice of common law copyright 134; August 9, 2010 notice of power of attorney 135; August 9, 2010 notice of security agreement 136; August 9, 2010 notice of hold harmless indemnity agreement 137; August 11, 2010 pleading of estoppel (holder-in-due-course) 138; August 11, 2010 notice of affirmative defense of setoff 139; August 13, 2010 a motion for evidentiary hearing 143; August 17, 2010 motion for judgment on the pleadings 147; August 24, 2010 judicial notice of effect of not responding 150; and any other pretrial filing that Morris made that requests relief from the court and that has not been expressly granted or denied by court order or during a proceeding on the record. (Ordered by Chief Judge Sidney A Fitzwater on 8/26/2010) (Chief Judge Sidney A Fitzwater)
January 4, 2011
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ORDER adopting 174 PRELIMINARY REPORT AND RECOMMENDATION REGARDING RESTITUTION as to James Gregory Morris. (Ordered by Chief Judge Sidney A Fitzwater on 1/4/2011) (Chief Judge Sidney A Fitzwater)
February 18, 2011
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FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The 196 Joint Motion for a Restitution Order should be granted. The court should order defendant to pay restitution in the amount of $100.00 to the victim identified as "Vicky." The government's 169 Motion for a Ruling on Restitution should be denied as moot. (Ordered by Magistrate Judge Jeff Kaplan on 2/18/2011) (axm)
February 23, 2011
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ORDER ADOPTING 199 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, granting 196 Joint MOTION for Judgment on Request for Restitution and, Joint MOTION for Hearing to Enter Restitution Order, denying as moot 169 MOTION for a Ruling on Restitution. (Ordered by Chief Judge Sidney A Fitzwater on 2/23/2011) (tln)
March 28, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 230 Motion for Relief from Void Judgment. The Court should deny the Motion for Relief filed under Rule 60(b)(4). The Court also should direct the Clerk of the Court to open for statistical purpose a new Section 2255 case and to close the same on the basis on any order accepting this recommendation. (Ordered by Magistrate Judge David L. Horan on 3/28/2017) (axm)
April 20, 2017
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Order: The court adopts the 232 findings, conclusions, andrecommendation of the United States Magistrate Judge. To the extent that defendant's motion for relief from void judgment is substantive, the court construes it is an unauthorized successive 28 U.S.C. § 2255 motion to vacate, and it is therefore denied without prejudice to defendant's right to seek authorization from the United States Court of Appeals for the Fifth Circuit to file such a motion. To the extent that the motion is properly treated as a motion under Fed. R. Civ. P. 60(b), the court denies the motion. The court directs the clerk of the court to open for statistical purposes a new section 2255 case, and to close the same on the basis of this order. (Civil case 3:17cv01063 opened.) (Ordered by Judge Sidney A Fitzwater on 4/20/2017) (rekc) Modified on 4/20/2017 (rekc).
July 20, 2017
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Order Adopting 239 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The court therefore denies defendant's petition and the All Writs Act for relief from void judgment. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (aaa)