Court filing
Magistrate Judge M. Page Kelley: ORDER entered.… — USA v. Orisca (Dkt. 11)
Record facts
| Court | U.S. District Court for the District of Massachusetts |
|---|---|
| Filed | 2024-12-13 |
U.S. District Court for the District of Massachusetts · No. 1:24-cr-10378-JEK · Doc. 11 · 2024-12-13 · Docket on CourtListener
Summary
An Order on Excludable Delay entered December 13, 2024 by Magistrate Judge M. Page Kelley in United States v. Christnel Orisca, No. 1:24-cr-10378-JEK, in the U.S. District Court for the District of Massachusetts, Doc. 11. The order records that the defendant had an initial appearance and was arraigned that day and transfers the case to District Court Judge Young. With the parties' assent, the Court finds that the interests of justice in allowing the defendant time to prepare outweigh the interest in a trial within seventy days of indictment. It directs the Clerk, under 18 U.S.C. § 3161(h)(7)(A), to enter excludable time from December 13, 2024 until the parties appear before Judge Young. A footnote advises that any party may seek reconsideration by a district judge within fourteen (14) days under Rule 2(b) of the local Rules for United States Magistrates.
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Full text
1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, NO. 24-cr-10378-WGY v. CHRISTNEL ORISCA, Defendant. ORDER ON EXCLUDABLE DELAY KELLEY, U.S.M.J. Defendant had an initial appearance and was arraigned today, December 13, 2024. This case is transferred to District Court Judge Young for further proceedings. With the assent of the parties, the Court finds that the interests of justice in this case, i.e., to allow defendant time to prepare the case for trial or other disposition, outweigh the best interests of the public and defendant for a trial within seventy days of the date of indictment. Accordingly, it is hereby ORDERED that, pursuant to the provisions of 18 U.S.C. § 3161(h)(7)(A), the Clerk of this Court enter excludable time for the period from December 13, 2024, up to and including the date the paerties appear before Judge Young.1 1 The parties are hereby advised that under the provisions of Rule 2(b) of the Rules for United States Magistrates in the United States District Court for the District of Massachusetts, any party may move for reconsideration by a district judge of the determination(s) and order(s) set forth herein within fourteen (14) days after receipt of a copy of this order, unless a different time is prescribed by this court or the district judge. The party seeking reconsideration shall file with the Clerk of this Court, and serve upon all parties, a written notice of the motion which shall specifically designate the order or part thereof to be reconsidered and the basis for the objection thereto. The district judge, upon timely motion, shall reconsider the magistrate judge's order and set aside any portion thereof found to be clearly erroneous in fact or contrary to law. The parties are further advised that the United States Court of Appeals for this Circuit has indicated that failure to comply with this rule shall preclude further appellate review. See Phinney v. Wentworth Douglas Hospital, Case 1:24-cr-10378-JEK Document 11 Filed 12/13/24 Page 1 of 2 2 /s/ M. Page Kelley M. PAGE KELLEY United States Magistrate Judge 199 F.3d 1 (1st Cir. 1999); Sunview Condo. Ass’n v. Flexel Int’l, 116 F.3d 962 (1st Cir. 1997); Pagano v. Frank, 983 F.2d 343 (1st Cir. 1993). Case 1:24-cr-10378-JEK Document 11 Filed 12/13/24 Page 2 of 2
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