Lundy v. Bryson et al

Filing 12

REPORT AND RECOMMENDATIONS of the Magistrate Judge that the Court should DENY Plaintiff's 4 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction. Any party seeking to object to this Report and Recommendation is ordered to file specific written objections within fourteen (14) days of the date on which this Report and Recommendation is entered. (Objections to R&R due by 11/4/2016). ORDER directing service of the REPORT AND RECOMMENDATIONS of the Magistrate Judge. Add itionally, the Clerk of Court is hereby DIRECTED to add the following Defendants, named in Plaintiff's Supplemental Complaint, to the docket of this case: Thomas Gramiak, Warden of Ware State Prison; and Elizabeth Bowles, Ware State Prison Chief Counselor. Signed by Magistrate Judge R. Stan Baker on 10/21/2016. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

UNITED STATES OF AMERICA,
v.
CASE NO.: 2:16-cr-24
DANIEL ROGER ALO; AMBERLIE
WRIGHT; JASON PRINCE; MIRANDA
MICHELLE FLOWERS; RAYMOND
JARRED WILDER; ANGELO OCCIUZZI;
JASON LEE; ANGELA POPE; MELVIN
JACKSON; IRVISON FERNANDEZ PEREZ;
JOHN BRIAN SCHUYLER; and ROBERT
LEE TAYLOR,
Defendants.

ORDER
The Court held arraignments as to the above-named Defendants on October 18, 2016. At
these hearings, the Court determined that the ends of justice in designating this case as complex
and excluding time under the Speedy Trial Act outweigh the best interest of the public and
Defendants in a speedy trial. In making this determination, the Court has considered the number
of Defendants and the nature of the prosecution, along with the volume and complexity of
discovery produced by the Government, and concludes that absent a continuance under the
Speedy Trial Act, it would be unreasonable to expect adequate preparation for pretrial
proceedings or for trial. Therefore, pretrial motions are due to be filed on or before December 2,
2016. The opposing party shall have fourteen (14) days to respond to any motion; however, the
Government may file a joint response, where practical, within fourteen (14) days after all
Defendants’ pretrial motions have been filed. Counsel for Defendants shall file a separate

motion for each relief sought and shall not file a consolidated motion. This deadline supersedes
all prior motion deadlines in this case and shall apply to all parties.
Pretrial motions received by the Clerk outside the required period shall not be filed
without leave of Court. Untimely motions will not be considered absent a showing of good
cause for failure to file within the time set by the Court.
Assuming that a liberal discovery policy will be followed by the United States Attorney
in this case, many, if not all of the routine discovery motions filed by a Defendant, may be
satisfied without the need for intervention by the Court. The Court will conduct a motions

hearing to consider any unresolved motions. Prior to scheduling any such hearing, the Court
will ask the parties to specify which motions (if any) remain in dispute. The Court will then hear
argument and/or receive evidence on the unresolved motions.
Counsel are instructed to file all requests to charge and proposed voir dire questions at
least seven (7) days before jury selection. If Defendant is in custody at the time of trial, it is
the responsibility of counsel to ensure that Defendant has appropriate attire to wear in the
presence of the jury.
SO ORDERED, this 21st day of October, 2016.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

2