United States v. Cooke

• Decision Date: 17 May 2012
• Docket Number: No. 5:09-HC-2034-FL,5:09-HC-2034-FL
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: UNITED STATES OF AMERICA, Petitioner, v. RANDLE PORTER COOKE, Respondent.

UNITED STATES OF AMERICA, Petitioner,

v.RANDLE PORTER COOKE, Respondent.

No. 5:09-HC-2034-FL

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

Dated: May 17, 2012

ORDER

This matter is before the court on the motion to dismiss (DE # 78) of respondent Randle Porter Cooke (hereinafter "respondent"). Petitioner has responded in opposition. The issues raised are ripe for ruling.

In support of his motion to dismiss, respondent cites two district court decisions without providing any argument or analysis of their application to this case. Subsequent Fourth Circuit opinions in the cited cases provide no basis for dismissal of respondent's case. See United States v. Timms, 799 F. Supp. 2d 582 (E.D.N.C. 2011), rev'd, 664 F.3d 436 (4th Cir. 2012); Order of August 16, 2011, United States v. Hall, No. 5:09-HC-2083-BO, (DE # 78) (E.D.N.C. 2011), aff'd, 664 F.3d 456 (4th Cir. 2012). Accordingly, respondent's motion to dismiss (DE # 78) is DENIED.

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LOUISE W. FLANAGAN

United States District Judge