USA v. Bryant

Filing 109

ORDER: The Court OVERRULES Mr. Bryant's objections [doc. 91 ], ADOPTS Judge Corker's R&R [doc. 89 ], and GRANTS the United States' motion for sanctions and for contempt [doc. 82 ]. Mr. Bryant is found to be in cont empt of court and shall be imprisoned for a term of 10 days. The Court directs the U.S. Marshal to personally serve a copy of this Order on Bryant at his last known address at 297 Fairfield Dr. Greeneville, Tennessee 37745 or wherever he may be found. Signed by District Judge R Leon Jordan on 7/15/19. (certified copy forwarded to USMS) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
UNITED STATES,

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Plaintiff,
v.
CLIFFORD E. BRYANT,
Defendant.

Nos. 2:19-CV-097

ORDER
On March 1, 2019, United States Magistrate Judge Clifton L. Corker issued a report
and recommendation (“R&R”) [doc. 89], on the government’s pending motion for
sanctions and contempt [doc. 82]. After conducting a hearing on the motion, which
Mr. Bryant failed to attend, Judge Corker recommended that this Court find Mr. Bryant in
civil contempt based on his failure to pay the agreed-upon amount to the government, and
failure to appear in court or respond in any way to the government’s allegations.
Mr. Bryant has objected to the R&R [doc. 91], emphasizing his medical conditions and
their impact on his ability to pay. The government responded, requesting a hearing on the
matter [doc. 92].
The Court held a hearing on this matter on June 12, 2019, at which both the
government and Mr. Bryant presented evidence and argument relating to Mr. Bryant’s
ability to pay the $1,000 monthly amount.

At the end of that hearing, the Court

recommended that the parties meet and confer about the payment amount, and continued

the hearing. The Court again heard the parties on July 15, 2019, and the parties had not
reached any agreement from their meeting.
After hearing the parties on this matter, and considering Judge Corker’s
well-reasoned R&R, the Court will ADOPT the R&R. The Court adopts the R&R’s factual
findings, and the Court finds that the government has shown by clear and convincing
evidence that Mr. Bryant has violated specific court orders, namely, the agreed order
requiring him to pay $1,000 per month to the government and the order requiring him to
appear before the Court in Greeneville. See Harrison v. Metro. Gov’t of Nashville and
Davidson Cnty., Tenn., 80 F.3d 1107, 1112 (6th Cir. 1996) (holding that the initial burden
is on the movant to demonstrate by clear and convincing evidence that the non-movant has
violated the Court’s order).
Moreover, the Court finds that Mr. Bryant has not met his burden of showing that
he is presently unable to comply with the Court’s orders. See Elec. Workers Pension Tr.
Fund v. Gary’s Elec. Serv. Co., 340 F.3d 373, 379 (6th Cir. 2003) (holding that, once the
movant has made a showing by clear and convincing evidence, the burden shifts to the
non-movant to show that he is presently unable to comply with the Court’s order).
Accordingly, the Court finds Mr. Bryant in contempt for failure to pay the agreed $1,000
monthly amount to the government, 1 and failure to appear before Judge Corker, or file any
notice or motion with the Court regarding that hearing.

1

The Court notes that Mr. Bryant asserts that he can no longer pay this amount. However,
the Court finds that Mr. Bryant has no excuse for his failure to discuss his alleged change in
financial circumstances with the government, or file a motion in this Court, regarding the payment
amount, rather than writing bad checks for the $1,000 monthly amount.

2

The Court has considered the appropriate sanctions in this case, and has determined
that a brief term of incarceration is the only appropriate sanction. Mr. Bryant already owes
the government a substantial sum of money, which he has repeatedly refused to pay, and
thus, any attempt to order Mr. Bryant to pay a fine in this matter would be
counter-productive. Moreover, in light of Mr. Bryant’s egregious behavior, the Court
deems incarceration appropriate. Mr. Bryant may not ignore orders of the Court. As Judge
Corker noted in his R&R: “The judicial process cannot function where litigants are able to
openly mock the process. Ignoring court orders requiring him to appear is mocking the
process. Agreeing to a Court order and then ignoring is mocking the process.” [Doc. 89
at 8]. Mr. Bryant never provided any remotely adequate explanation for his failure to
comply with Judge Corker’s order, nor his failure to work with the government if his
financial situation had changed, rather than writing bad checks for the owed amount. Thus,
the Court finds that a short period of incarceration is an appropriate sanction
Accordingly, the Court OVERRULES Mr. Bryant’s objections [doc. 91],
ADOPTS Judge Corker’s R&R [doc. 89], and GRANTS the United States’ motion for
sanctions and for contempt [doc. 82]. Mr. Bryant is found to be in contempt of court and
shall be imprisoned for a term of 10 days. Mr. Bryant shall surrender to the United States
Marshal at the James H. Quillen United States Courthouse in Greeneville no later than
12:00 p.m. on Monday, July 22, 2019. Mr. Bryant is warned that his failure to self-report
at this time will result in additional sanctions.

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The Court directs the U.S. Marshal to personally serve a copy of this Order on
Bryant at his last known address at 297 Fairfield Dr. Greeneville, Tennessee 37745 or
wherever he may be found.
IT IS SO ORDERED.
s/ Leon Jordan
United States District Judge

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