Securities and Exchange Commission VS Global Express Capital Real Estate Investment Fund I, LLC et al

Filing 1034

ORDER Denying #1019 Application for Leave to Proceed in forma pauperis. Denying #1020 Motion for Violation of Sixth Amendment Right. Brief due within 30 days. Signed by Judge Kent J. Dawson on 8/21/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

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Case No. 2:03-CV-01514-KJD-LRL
Plaintiff,

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ORDER
v.

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GLOBAL EXPRESS CAPITAL REAL
ESTATE INVESTMENT FUND I, LLC, et
al.,

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Defendants.
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Presently before the Court is Defendant Connie Farris’s Motion for Application to Proceed In
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Forma Pauperis (#1019) and Motion for Violation of Sixth Amendment Right (#1020). Both
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motions appear to be addressed to the Ninth Circuit Court of Appeals and mainly address issues
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related to her criminal proceedings. For example, Farris’s Sixth Amendment right to assistance of
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counsel arises only in criminal proceedings. Therefore, the Court denies the motions. Even if the
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application to proceed in forma pauperis were properly before the Court, it would be denied since the
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asserted appeal is frivolous and not taken in good faith.
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To the extent that Farris raises issues regarding the amount of disgorgement that was vacated
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by the Ninth Circuit Court of Appeals, the Court orders Plaintiff and Defendant Connie Farris to file
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a brief with evidentiary support, detailing what each party believes the correct amount of

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disgorgement to be ordered in accordance with the Memorandum (#897) of the Ninth Circuit Court

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of Appeals. The briefs should be filed within thirty (30) days of the entry of this order.

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IT IS SO ORDERED.

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DATED this 21st day of August 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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