Larry v. USA

Filing 10

ORDER re: Discovery. Petitioner Orlando Larry may have until May 9, 2018, in which to advise the court whether it is his intention that four of the documents attached to his declaration, dkts. # 4 -22, 4 -26, 4 -27 and 4 -30, be made public. Signed by District Judge Barbara B. Crabb on 4/25/2018. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORLANDO LARRY,
ORDER
Petitioner,
18-cv-278-bbc
v.
UNITED STATES OF AMERICA,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Petitioner Orlando Larry has filed a motion to vacate his sentence, accompanied by
41documents in support of his motion. Four of those documents, ## 4-22, 4-26, 4-27 and
4-30, would ordinarily be considered off limits to the United States: one is an ex parte order
denying a motion by petitioner and the other three are letters from lawyers who represented
petitioner in connection with his criminal case. The filing raises the question whether
petitioner intended to make the documents publicly available, including to the Assistant
United States Attorney opposing petitioner’s motion.
Although it appears that this was petitioner’s intent, I will instruct the clerk’s office
to keep the cited documents under seal until petitioner says specifically that this is his
intention. If petitioner does not notify the court that the documents be unsealed, the
documents will remain sealed and neither he nor the government will be permitted to make
any reference to the documents in their arguments to the court.

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ORDER
IT IS ORDERED that petitioner Orlando Larry may have until May 9, 2018, in
which to advise the court whether it is his intention that four of the documents attached to
his declaration, dkts. #4-22, 4-26, 4-27 and 4-30, be made public. I will delay setting a
briefing schedule on petitioner’s motion, dkt. #1, until petitioner has informed the court of
his response in writing.
Entered this 25th day of April, 2018.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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