United States of America v. 357 Assorted Money Orders et al

Filing 11

ORDER that Matt Davis's re 10 Notice (construed as a pro se motion for an "ex parte injuction" is DENIED. IT IS FURTHER ORDERED that the Clerk shall provide a copy of this Order and Mr. Davis's pro se motion [Doc. 10-1] to attorney Richard E. Beam, Jr., Mr. Davis's counsel in the related criminal matter. Signed by District Judge Martin Reidinger on 04/14/2014. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00329-MR-DLH

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
357 ASSORTED MONEY ORDERS,
)
et al.,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Government’s “Notice of
Document Received and Transmitted to the Clerk of Court” [Doc. 10],
attached to which is a motion from Matt Davis seeking an “ex parte
injunction” [Doc. 10-1].
By this filing, the Government presents the Court with a pleading it
apparently received from one Matt Davis. [Doc. 10] Mr. Davis is not a
claimant in this civil forfeiture action, and therefore his attempt to seek relief
is improper here.

Indeed, Mr. Davis’s motion [Doc. 10-1] appears to

concern a related criminal matter, United States v. Davis, et al., No. 1:13cr-00043-MR-DLH, in which Mr. Davis and Tina Tomes, a potential named
claimant in this civil action, are two of the named defendants.

The Court further notes that Davis is currently represented by counsel
in the related criminal action, and the Court does not ordinarily entertain
motions filed by a criminal defendant who is represented by counsel and
who has not formally waived his right to counsel. See LCrR 47.1(H).
For all of these reasons, Matt Davis’s pro se motion for an “ex parte
injunction” must be denied.
IT IS, THEREFORE, ORDERED that Matt Davis’s pro se motion for
an “ex parte injunction” [Doc. 10-1] is DENIED.
IT IS FURTHER ORDERED that the Clerk shall provide a copy of this
Order and Mr. Davis’s pro se motion [Doc. 10-1] to attorney Richard E.
Beam, Jr., Mr. Davis’s counsel in the related criminal matter,
IT IS SO ORDERED.

Signed: April 14, 2014

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