USA v. Rash

Filing 33

ORDER denying 24 Defendant's Motion for Hearing; denying 27 Defendant's Motion for USDA and US Department of Justice to turn over proof of what cattle and equipment brought during bankruptcy. Signed by Magistrate Judge David S. Cayer on 9/18/15. (Pro se litigant served by US Mail.)(smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:05-CV-00244-RLV-DSC
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSEPH W. RASH,
Defendant.

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ORDER

THIS MATTER is before the Court on the Defendant’s pro se “Motion for Hearing”
(document # 24) filed July 24, 2015 and Defendant’s pro se “Motion for USDA and US
Department of Justice to turn over proof of what the cattle and equipment brought during
bankruptcy” (document #27) filed August 21, 2015. The Government filed a Response (document
#28) to the Motions on August 28, 2015.
This matter was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1) and the Motions are ripe for determination.
For the reasons stated in the Government’s Response, the Court will deny Defendant’s pro
se Motions.

Defendant has not challenged the Government’s compliance with statutory

requirements in seeking the Writ. Defendant also failed to file a valid request for exemptions or
challenge the validity of the Writ. Consequently, he is not entitled a hearing.
NOW THEREFORE IT IS ORDERED:

1. Defendant’s pro se “Motion for Hearing” (document # 24) filed July 24, 2015 and
“Defendant’s pro se Motion for USDA and US Department of Justice to turn over proof of what
the cattle and equipment brought during bankruptcy” (document #27) filed August 21, 2015 are
DENIED.
2. The Clerk is directed to send copies of this Memorandum and Order to counsel for the
Government, to pro se Defendant; and to the Honorable Richard L. Voorhees.
SO ORDERED.
Signed: September 18, 2015