Richardson v. United States of America

Filing 37

ORDER Requiring the Government to Comply Fully with 4 Order to Show Cause. Signed by Magistrate Judge Jonathan Goodman on 7/8/2011. (dkc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 09-22349-CIV-SEITZ/GOODMAN
DARRYL RICHARDSON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_______________________________________/
ORDER REQUIRING THE GOVERNMENT
TO COMPLY FULLY WITH ORDER TO SHOW CAUSE (DE# 4)
THIS MATTER is before the Court sua sponte in connection with a
previous order to show cause entered by Magistrate Judge White. 1 In that order,
Magistrate Judge White instructed the government to “file therewith all
documents and transcripts necessary for the resolution of this motion
regardless of whether they are in the Court file.” (DE# 45.)
Both Richardson and the government cite to various trial transcript pages
in their motion and response. In a few limited instances, transcript excerpts are
filed to support a citation. But more often than not, no transcript excerpt was
filed. 2

(E.g., DE# 8, p. 32 (government’s citation to unspecified cross-

1

Richardson’s motion was originally referred for a ruling on all pre-trial,
non-dispositive matters and a report and recommendations to Magistrate Judge
Patrick A. White. (DE# 2.) The referral was subsequently transferred to the
Undersigned. (DE# 27.)

2

Magistrate Judge White’s order requires the filing of these transcripts
regardless of whether they are already in the criminal court file. But it bears
noting that the docket entries on the Court’s CM/ECF system in the underlying
criminal case to which the government often cites all appear to only contain a
cover page and not a complete transcript. Therefore, the filing of these
1

examination testimony).) The Undersigned operates under the belief, in general,
that if a transcript is important enough to be cited in a filing, it qualifies as
“necessary for the resolution of the motion.” Consequently, the government is
hereby ordered to file, within fourteen (14) days of this Order, copies of all
documents and transcripts necessary to resolve Richardson’s motion.
At a bare minimum, this should include all documents and transcript
excerpts cited by the government in its filings. The government may simply file
complete transcripts in lieu of excerpts if that is less burdensome or it believes
that the Court will benefit from examining the greater context of any cited
excerpts.

Consistent with Magistrate Judge White’s original order, the filing

should also include any necessary excerpts cited by Richardson but not already
filed.
In addition, the government is also ordered to respond to Richardson’s
latest motion to supplement (DE# 36) within ten (10) days of this Order.
DONE AND ORDERED, in Chambers, in Miami, Florida, this 8th day of
July, 2011.

Copies furnished to:
The Honorable Patricia A. Seitz
All counsel of record
Darryl Richardson, pro se
transcripts is, at least in this case, not merely an exercise. It is actually required
for resolution of Richardson’s motion.
2