Foss v. US Marshal Services, et al

Filing 15

ORDER signed by Circuit Judge Carlos T. Bea on 10/12/10 ORDERING that Foss' MOTION for Reconsideration 11 is DENIED for lack of any showing of evidence which could not earlier have been produced through the exercise of due diligence. Foss has not shown facts sufficient to impugn the validity of the waiver of extradition (see 12 Response). Foss' extradition rights-based claims shall be DISMISSED with prejudice.(Mena-Sanchez, L) Modified docket text on 10/12/2010 (Waggoner, D).

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(PC) Foss v. US Marshal Services, et al Doc. 15 Raymond Foss v. U.S. Marshal Service, et al., CV 08-1791 CTB Order IT IS HEREBY ORDERED: 1. Foss's motion for reconsideration is DENIED for lack of any showing of evidence which could not earlier have been produced through the exercise of due diligence. 2. Foss has not shown facts sufficient to impugn the validity of the waiver of extradition. His only claim the waiver was not voluntary is based on his assertion the South Carolina judge did not inform him of "the nature and charges upon which extradition was to be had." See Return to Order to Show Cause, filed April 23, 2010 at 17, lines 1416. This claim is plainly belied by the very face of the "Waiver of Extradition" which states that Foss was charged with Child Molestation in California. See Complaint, Exhibit I. The Waiver is signed by Foss; his signature is attested to by Dan Malphrus, the South Carolina judge. 3. Foss claims the South Carolina judge did not inform Foss of his "rights" under federal and state law. This might constitute circumstantial evidence that Foss executed the waiver of extradition without knowledge of his rights. But nowhere does Foss claim he did not know what his extradition "rights" were. Rather, his Waiver of Extradition states not only that the South Carolina judge did "fully explain" those "rights," but also that he proceeded to sign the Waiver of Extradition "with full knowledge of [his] rights." 4. For the foregoing reasons, Foss's extradition rights-based claims shall be dismissed with prejudice. Dated: 10/12/2010 /s/ Carlos T. Bea Circuit Court Judge 1 Dockets.Justia.com

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