Morris v. United States of America (INMATE 3)

Filing 44

ORDER (1) OVERRULING petitioner's 43 objection and appeal; and (2) that petitioner's RENEWED MOTION to Protect Grand Jury records is DENIED, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 11/30/12. (djy, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GEORGE HOEY MORRIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 2:11-cv-926-MEF (WO – Do Not Publish) ORDER On October 31, 2011, the Magistrate Judge entered an order denying Petitioner’s Request for Portion of Grand-Jury Transcripts. (Doc. #6.) Petitioner objected to and appealed that order to this Court. (Doc. #11.) On December 22, 2011, having found no “particularized need” for the requested material, this Court overruled Petitioner’s objection to and appeal of the Magistrate Judge’s October 31, 2011 order and denied Petitioner’s request for a portion of the grand jury transcripts. (Doc. #16.) On October 31, 2012, recognizing that Petitioner’s objection to and appeal of the October 31, 2011 order also contained a Motion to Protect Grand Jury Transcripts (Doc. #11), the Magistrate Judge entered a separate order denying Petitioner’s motion to protect grand jury transcripts. (Doc. #41.) Petitioner again objected to and appealed that decision to this Court and renewed his Motion to Protect Grand Jury Records. (Doc. #43.) As this Court previously stated, a party seeking disclosure of grand jury transcripts must show a “particularized need” for the material. See Douglas Oil Co. v. Petrol Shops NW., 441 U.S. 211, 222 (1979). Once again, Petitioner has failed to allege or otherwise demonstrate any need, much less a credible and “particularized need,” for the requested materials. Petitioner has also failed to demonstrate any legitimate basis for this Court to take some unspecified, extra measure to protect the grand jury records in the Petitioner’s criminal proceedings. Accordingly, it is ORDERED: (1) that Petitioner’s Objection and Appeal (Doc. #43) is OVERRULED; and (2) that Petitioner’s Renewed Motion to Protect Grand Jury Records (Doc. #43) is DENIED. DONE this the 30th day of November, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?