Whitener v. USA

Filing 17

ORDERED that petitioners Motion to Subpoena and Compel Testimony, Affidavit or Deposition from Chief Judge Robert Conrad 11 is DENIED. Signed by District Judge Max O. Cogburn, Jr on 01/16/2015. (jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00600-MOC
ERIC WHITENER,

)
)
)
)
)
)
)
)
)

Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.

ORDER

THIS MATTER is before the court on petitioner’s Motion to Subpoena and Compel
Testimony, Affidavit or Deposition from Chief Judge Robert Conrad. Petitioner’s motion seeks
to compel Judge Conrad to give testimony concerning a trial he participated in as an AUSA more
than two decades ago. Petitioner’s motion, however, comes after this action was dismissed with
prejudice and in no manner addresses the threshold concerns expressed by this court that
petitioner’s Bailey claim is time barred.
For the reasons previously stated, this case is now closed, Judgment has been entered,
and the instant post-judgment request for discovery is not within the realm of discovery allowed
by either Rule 26 or 69 of the Federal Rules of Civil Procedure.

-1-

ORDER
IT IS, THEREFORE, ORDERED that petitioner’s Motion to Subpoena and Compel
Testimony, Affidavit or Deposition from Chief Judge Robert Conrad (#11) is DENIED.

Signed: January 16, 2015

-2-