Shuford v. Harmon

Filing 23

ORDER granting 22 Government's Motion For A Bench Warrant. The Summons is WITHDRAWN, and the Clerk of Court is instructed to issue a Bench Warrant for the arrest of defendant James M. Harmon in this matter. This matter is CONTINUED from the September 17, 2018, trial term to the November 19, 2018 term. Signed by District Judge Max O. Cogburn, Jr on 9/10/18. (Pro se litigant served by US Mail.)(mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:18-cv-00029-MOC
A. BURTON SHUFORD,

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Plaintiff,
Vs.
JAMES M. HARMON,
Defendant.

ORDER

THIS MATTER is before the Court on the government’s Motion for a Bench Warrant,
petitioning the Court for issuance of a Bench Warrant for James. M. Harmon.
An Order of Criminal Contempt (#2) was issued against Mr. Harmon on January 26, 2018,
and the Court, having no reason to believe that Mr. Harmon would evade service or posed a threat
to the public, issued a Summons requiring Mr. Harmon to appear and answer that charge. Pursuant
to the Court’s instructions, the United States Marshal Service has made several attempts to serve
Mr. Harmon with a copy of the Summons and the Court’s Orders. See Motion (#22). The United
States Attorney advises that all attempts to serve Mr. Harmon have been unsuccessful, that Mr.
Harmon has yet to appear in response to the Summons, and that there is reason to believe that Mr.
Harmon may be evading service of process.
Based on such showing, the government has now moved for the issuance of a Bench
Warrant. Having considered the government’s motion, the Court determines that: (1) as evidenced
by its previous Order of Criminal Contempt, probable cause exists to believe that Mr. Harmon is
in criminal contempt; and (2) that a warrant should now issue as it appears that attempts to

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effectuate the Summons have, despite best efforts, been unavailing. Therefore, the Court will now
withdraw the Summons and issue a Bench Warrant. See United States v. Yarborough, 122 F. 293,
297 (W.D. Va. 1903).

ORDER
IT IS, THEREFORE, ORDERED that:
(1)

The government’s Motion for a Bench Warrant (#22) for the arrest of defendant

James M. Harmon is GRANTED, the Summons is WITHDRAWN, and the Clerk of Court is
instructed to issue a Bench Warrant for the arrest of defendant James M. Harmon in this matter;
(2)

The Clerk of Court is respectfully instructed to now assign a Criminal Action

number to this matter and to reference such number upon the Bench Warrant, placing in brackets
the civil action number previously assigned;
(3)

Upon the arrest of the defendant, the United States Marshal shall bring the

defendant for an Initial Appearance before a United States Magistrate Judge, who will conduct an
initial appearance upon the Order of Criminal Contempt; and
(4)

This matter is CONTINUED from the September 17, 2018, trial term to the

November 19, 2018 term.

Signed: September 10, 2018

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