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United States v. Cook

United States District Court, E.D. Tennessee, Knoxville

July 8, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARILYN YVETTE COOK, Defendant.

          MEMORANDUM AND ORDER

          Debra C. Poplin United States Magistrate Judge.

         All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. Following the litigation of over twenty pretrial motions [see Docs. 1');">11');">18, 1');">122, & 1');">127], Defendant Cook has filed the following additional pro se motions and filings:

(1');">1) Last Will and Testament of Marilyn Yvette Powell [Doc. 1');">11');">12-1');">1], filed on June 6, 201');">19;
(2) Motion for the Court to Take Judicial Notice of the Fact, a Man or Woman Do[es] Not have to be “Sovereign” to Discharge Debt in Reference to HJR 1');">192, Just a U.S. Citizen [Doc. 1');">11');">13-1');">1], filed on June 6, 201');">19;
(3) Motion to Produce Proof that Chief Judge Pamela L. Reeves is an Article III Judge [Doc. 1');">11');">14-1');">1], filed on June 6, 201');">19;
(4) Motion for Change of Venue [Doc. 1');">11');">15-1');">1], filed on June 6, 201');">19;
(5) Motion to Produce Civil Case #3:1');">13-cv-000625-TAV-HBG for Background Evidence in the United States Harrassment [sic] [Doc. 1');">11');">16-1');">1], filed on June 6, 201');">19;
(6) Motion to Use USA Discovery as Rebuttal Evidence [Doc. 1');">11');">17-1');">1], filed on June 6, 201');">19;
(7) Motion for United States Magistrate Judge Debra C. Poplin to Recuse Herself from the Above Style[d] Case [Doc. 1');">11');">19-1');">1], filed on June 1');">10, 201');">19; and
(8) Motion for United States Chief Judge Pamela L. Reeves to Recuse Herself from the Above Style[d] Case [Doc. 1');">120-1');">1], filed on June 1');">10, 201');">19.

         The Court finds that the above filings and motions must be DENIED because they are untimely, irrelevant, duplicative, and/or without merit, as discussed herein.

         I. Last Will and Testament [Doc. 1');">11');">12-1');">1]

         The Defendant has filed a document [Doc. 1');">11');">12-1');">1] purporting to be her Last Will and Testament and to have been executed on February 21');">1, 201');">19. The Defendant provides no explanation of the relevance of this document to this case, and the Court discerns none. The Court ORDERS that the Defendant's pro se filing entitled Last Will and Testament of Marilyn Yvette Powell [Doc. 1');">11');">12-1');">1] be WITHDRAWN. While the Court questions any possible relevance of a document executed nearly one and one-half years after the most recent event alleged in the First Superseding Indictment, the Court makes no ruling with regard to whether this document may be introduced as evidence at trial.

         II. Motion for Judicial Notice [Doc. 1') ...


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