UNITED STATES OF AMERICA v. Phan
Petitioner: UNITED STATES OF AMERICA
Respondent: Thanh Cong Phan
Case Number: 5:2020hc02171
Filed: September 10, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: W Earl Britt
Nature of Suit: Mandamus & Other
Cause of Action: 18:4241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2020 Opinion or Order Filing 12 ORDER - GRANTING #9 Motion to hold evaluations and deadlines in abeyance pending disposition of this motion. The Clerk is DIRECTED to terminate the 23 November 2020 hearing. A new hearing date will be scheduled pending the court's disposition of respondent's motion to dismiss. Signed by Senior Judge W. Earl Britt on 11/3/2020. (Poole, A)
November 2, 2020 Motion Submitted to Senior Judge W. Earl Britt regarding #9 MOTION HOLD EVALUATIONS AND DEADLINES IN ABEYANCE PENDING DISPOSITION OF THIS MOTION. (Poole, A)
October 30, 2020 Filing 11 MOTION to Seal Document #10 PROPOSED SEALED Document,,, #8 PROPOSED SEALED MOTION (Selected Participants Only)by Jaclyn L. Tarlton (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA) filed by Thanh Cong Phan. (Attachments: #1 Text of Proposed Order) (Tarlton, Jaclyn)
October 29, 2020 Filing 10 PROPOSED SEALED Document: (Selected Participants Only)by Jaclyn L. Tarlton (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA) regarding #8 PROPOSED SEALED MOTION (Selected Participants Only)by Jaclyn L. Tarlton (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA). (Attachments: #1 ECF No. 27, filed 12 July 2018, #2 ECF No. 31, filed 17 July 2018, #3 ECF No. 43, filed 23 January 2019, #4 Exhibit ECF No. 45, filed 25 January 2019, #5 ECF No. 47, filed 31 January 2019, #6 ECF No. 53, filed 2 July 2019, #7 Exhibit ECF No. 54, filed 3 July 2019, #8 ECF No. 57, filed 16 July 2019, #9 ECF No. 59, filed 19 July 2019, #10 ECF No. 66, filed 28 February 2020, #11 ECF No. 72, filed 10 March 2020, #12 ECF No. 75, filed 13 March 2020, #13 ECF No. 78, filed 28 May 2020, #14 ECF No. 81, filed 3 June 2020, #15 ECF No. 86, filed 26 June 2020) (Tarlton, Jaclyn)
October 29, 2020 Filing 9 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION HOLD EVALUATIONS AND DEADLINES IN ABEYANCE PENDING DISPOSITION OF THIS MOTION regarding #8 PROPOSED SEALED MOTION (Selected Participants Only)by Jaclyn L. Tarlton (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA) filed by Thanh Cong Phan. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order) (Tarlton, Jaclyn)
October 29, 2020 Filing 8 PROPOSED SEALED MOTION (Selected Participants Only)by Jaclyn L. Tarlton (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA). (Tarlton, Jaclyn)
October 28, 2020 Filing 7 PROPOSED SEALED (Selected Participants Only)Forensic Report received as to Dr. Evan S. Du Bois (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA). (Tarlton, Jaclyn)
September 14, 2020 Filing 6 Notice of Respondent's Mental Health Examiner as to Dr. Hans Stelmach (Tarlton, Jaclyn)
September 14, 2020 Filing 5 Notice of Appearance filed by Jaclyn L. Tarlton on behalf of Thanh Cong Phan. (Tarlton, Jaclyn)
September 14, 2020 Opinion or Order Filing 4 Order appointing Federal Public Defender to represent respondent, appointing additional mental health examiner. Competency Hearing set for 11/23/2020 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. GRANTING #3 Motion to Seal. The court ORDERS that the parties file any future forensic evaluations or other psychological or psychiatric documents in this case under seal, whether such documents are produced by government evaluators, independent examiners appointed by order of this court, or other mental health professionals. Signed by Senior Judge W. Earl Britt on 9/14/2020. (Poole, A)
September 10, 2020 Motion Submitted to Senior Judge W. Earl Britt regarding #3 MOTION to Seal Document #2 PROPOSED SEALED Forensic Report. (Poole, A)
September 10, 2020 Filing 3 MOTION to Seal Document #2 PROPOSED SEALED Forensic Report filed by UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order) (Petre, Genna)
September 10, 2020 Filing 2 SEALED (Selected Participants Only)Forensic Report received as to Thanh Cong Phan (available to: Respondent Thanh Cong Phan, Petitioner UNITED STATES OF AMERICA). (Petre, Genna) Modified on 9/14/2020 removed "proposed" (Poole, A).
September 10, 2020 Filing 1 Certificate of Mental Disease or Defect and Dangerousness Pursuant to 18 U.S.C. 4246 against Thanh Cong Phan, filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1 - Certificate of Mental Disease or Defect and Dangerousness, #2 Text of Proposed Order) (Petre, Genna)

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Petitioner: UNITED STATES OF AMERICA
Represented By: Genna D Petre
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Respondent: Thanh Cong Phan
Represented By: Jaclyn L. Tarlton
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