Order — United States v. Maurice Fayne (Dkt. 23, N.D. Ga. No. 1:20-cr-00228, GAND 278523)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 23 · 2020-07-07 · Docket on CourtListener

Full text

FILED IN CLERK’S OFFICE
U.SD.C.
- Atlanta
JuL 01 2020
JAM
. HAU
Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
tN RE: COURT OPERATIONS UNDER
THE EXIGENT CIRCUMSTANCES
GENERAL ORDER 20-01
CREATED BY COVID-19 AND RELATED
Fourth Amendment
CORONAVIRUS
ORDER
General Order 20-01. dated March 16. 2020. and amended by orders dated March
30. 2020: April 30. 2020: and May 26. 2020. addresses Court operations tbr the United
States District Court for the Northern District of Georgia under the exigent circumstances
created by the spread of COVID-19. The I’hird Amendment to General Order 20-0 1,
entered May 26, 2020, extended the time periods specified in the Order through and
including July 3, 2020.
Data from the Georgia Department of Public health reflects that the average number
of new COVID-1 9 cases per day in the State ot Georgia remains higher than it was on
March 16. 2020.
hen the Court originally entered General Order 20-0 I. The total number
of COVII)— 19 cases and deaths in Georgia continues to rise, and no vaccine or cttre is
available to the general public. [here has been no change to the President’s declaration ol
a national emergency under the National lmergencies Act (5t) U.S.C.
1601 et seq.) clue
to (‘(WIt)— 19 or to the lindings of the Judicial Contirence ot the
inited States that
emeruency conditions due to this national emergency have materially alThcted and xt ill
materiall affect the functioning of the li.deral eottrts generally
Case 1:20-cr-00228-MHC-JKL     Document 23     Filed 07/07/20     Page 1 of 3

As the adverse conditions giving rise to General Order 20-01 have not sufficiently
resolved for the Court to return to normal operations. IT IS HEREBY ORDERED that
General Order 20-0 1, as amended, is further amended to extend the time periods specified
therein through and including the date of July 3 1, 2020.
IT IS Ft]RTHER ORDERED that while there will be no civil or criminal jury
trials in any division of the Northern District of Georgia until after July 3 1, 2020, grand
jury proceedings may continue to he held, and summonses may he issued to prospective
jurors tbr proceedings scheduled to begin after Jtdy 31, 2020.
IT IS FURTHER ORDERED that the time period of any continuance entered as
a result of this Order (whether that continuance causes a pre-indictrnent delay or a pre-trial
delay) shall be exctuded under the Speedy ‘l’rial Act.
1 8 U.S.C. § 3 161 (h)(7)(A). as the
Court finds that the ends ol justice served by taking that action ottheigh the interests of
the parties and the ptihlic in a speedy trial. Absent further order of the Cotirt or any
individual judge. the period ol exclusion shall he from March 23. 2020, through and
including July 3 1, 202t).
1 he Court may extend the period ol exclusion as circumstances
may warrant. This Order and period ot exclusion are incorporated by refbrence as a specific
llnding under 18 tJ.S.C. § 3 161 (h)(7)(A) in the record ol’ each pending case where the
Speedy Irial Act applies. See Zediu’r v. United States, 547 U.S. 489, 506-07 (2006). lhe
periods ol exclusion in the Courts prior orders on this subject. General Order 20—01 and
its subsequent amendments. are likewise incorporated by reference as a specific finding
Case 1:20-cr-00228-MHC-JKL     Document 23     Filed 07/07/20     Page 2 of 3

tinder I 8 1 J.S.(. § 3 161 (h)(7)(A) ifl the record of each pending case here the Speeds Trial
Act applies.
SO ORDEREI) this
i
day of July 2020.
THOMAS W. THRASH, JR.
CHIEF UNITED STATES DISTRICT JUDCE
3
Case 1:20-cr-00228-MHC-JKL     Document 23     Filed 07/07/20     Page 3 of 3

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