Order, Daniel Jay's Request for 90-Day Extension (Denied) — United States v. Fayne (Document 200)

Summary

An order of United States Magistrate Judge John K. Larkins III, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, on June 17, 2021 as Document 200 in United States of America v. Daniel Eric Jay (2), Criminal Action File No. 1:20-CR-228-MHC-JKL-2. It addresses an email Jay, proceeding pro se, sent to chambers on June 16, 2021 asking for a further 90-day extension of the pretrial motions deadline and pretrial conference and a change to his release conditions. Noting its May 17, 2021 warning that it was not inclined to grant further extensions [Doc. 190], the court finds no good cause and denies the extension. It holds that a bond change must be sought by written motion and admonishes Jay that all future requests must be filed in writing. The email is attached.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA  
 
v. 
 
DANIEL ERIC JAY (2) 
 
Defendant. 
 
CRIMINAL ACTION FILE NO. 
 
1:20-CR-228-MHC-JKL-2 
 
 
ORDER 
At approximately 6:53 p.m. on June 16, 2021, Defendant Daniel Jay, who is 
proceeding pro se, emailed chambers to request an additional, 90-day extension for 
filing pretrial motions and holding the pretrial conference.  A copy of the email is 
attached hereto as Exhibit A.  In his email, Mr. Jay states that he needs the 
additional time because he is the caregiver for his father, who days earlier was 
hospitalized for a left foot infection and remains there in anticipation of an 
amputation.  Mr. Jay also states that he would like the Court to modify the 
conditions of his release to allow him to travel from Pennsylvania to Ohio for 
medical-related visits.   
Counsel for the government and Mr. Jay’s standby counsel were not copied 
on the email.  The morning of June 17, 2021, chambers staff forwarded Mr. Jay’s 
email to counsel for the government and Mr. Jay’s standby counsel, and inquired 
Case 1:20-cr-00228-MHC-JKL     Document 200     Filed 06/17/21     Page 1 of 7

 
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whether the government objected to Mr. Jay’s request for an extension.  Counsel 
for the government responded as follows: 
[This is] Defendant Jay’s last-minute request to postpone the pretrial 
conference for a seventh time. Defendant Jay made his first 
appearance in this case 11 months ago.  (Doc. 4).  The pretrial 
conference was originally set for August 27, 2020.  (Doc. 64).  At 
Defendant Jay’s request, the pretrial conference has already been 
continued six times. (See Docs. 67, 68, 109, 110, 132, 166, 182, 190). 
It is unfortunate that Defendant Jay’s father has serious health 
problems.  And it is laudable that Defendant Jay is taking time to care 
for his father.  But the government respectfully believes that it is not 
unreasonable to expect Defendant Jay to set aside 30 minutes to 
appear by Zoom at the scheduled pretrial conference on Monday. 
As the Court will recall, Defendant Jay terminated his attorney 
approximately four months ago and began proceeding pro se, using a 
sovereign-citizen litigation strategy designed to create confusion and 
delay.  (See Docs. 132, 162; see also United States v. Perkins, No. 
1:10-CR-97-1-JEC-LTW, 2013 WL 3820716, at *1-2 (N.D. Ga. July 
23, 2013) (“In the Northern District of Georgia and elsewhere, a new 
litigation strategy has become popular with some criminal defendants. 
. . .  This strategy, based on the defendant’s claim to be a ‘sovereign 
citizen,’ serves to delay the proceedings, create unnecessary work for 
the Court and counsel, and distract the Court from adjudication of the 
case on its merits.”) (Carnes, J.), aff’d, 787 F.3d 1329 (11th Cir. 
2015); United States v. Sterling, 738 F.3d 228, 233 n.1 (11th Cir. 
2013) (noting that courts confronted by attempts of “so-called 
‘sovereign citizens’ . . . to delay judicial proceedings and have 
summarily rejected their legal theories as frivolous”). 
(Cleaned up.)   
The Court agrees with the government.  When the Court granted Mr. Jay’s 
previous request for a continuance on May 17, 2021, the Court explicitly warned 
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Mr. Jay that that it “is not inclined to grant further extensions, absent very good 
cause shown.”  [Doc. 190 at 2.]  While the Court is sympathetic to Mr. Jay’s 
situation as a caregiver for his father (and his father’s unfortunate medical 
condition), the Court finds that he has not shown good cause (much less very good 
cause) to extend the pretrial deadlines further.  Accordingly, Mr. Jay’s request to 
continue the pretrial motions deadline and to further postpone the pretrial 
conference is DENIED. 
With regard to Mr. Jay’s request to amend the conditions of his bond, such 
a request is not properly presented via email.  Instead, he must do so by written 
motion.  See Fed. R. Crim. P. 47(b); LCrR 12.1(A), NDGa.  If Mr. Jay wishes to 
persist in his request, he must file a written motion with the Clerk of Court. 
Finally, the Court ADMONISHES Mr. Jay that all future requests for court 
action must be presented by written motion and filed with the Clerk of Court.  
The Court will not consider a motion unless it has been presented in writing.   
IT IS SO ORDERED this 17th day of June, 2021. 
___________________________________ 
JOHN K. LARKINS III 
United States Magistrate Judge 
 
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ATTACHMENT A 
Case 1:20-cr-00228-MHC-JKL     Document 200     Filed 06/17/21     Page 4 of 7

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Cynthia Mercado
From:
jayprivatetrust <jayprivatetrust@protonmail.com>
Sent:
Wednesday, June 16, 2021 6:53 PM
To:
Cynthia Mercado
Subject:
Petition for Case 1:20-cr-00228-MHC-JKL
CAUTION - EXTERNAL: 
 
 
Extraordinary Circumstances / Act Of GOD 
  
I am not the name. I do not claim the name. I do not claim liability for the 
name. Coming as third party intervenor, real party in interest being harmed 
as agent for the name. 
  
As this email is being composed, Elmer Stewart Jay, earthly father of the 
MAN known as :JAY, :daniel: Agent of Record for the Pennsylvania 
Registered Organization doing business as DANIEL ERIC JAY, is in surgery at 
UPMC Passavant Hospital in Pittsburgh, PA, to amputate his left foot. Elmer 
was taken to UPMC Jameson Hospital on the afternoon of Friday June 11, 
2021 with what appeared to be an infection in his left foot. As the court has 
been made aware in multiple hearings on the record, the MAN known as 
:JAY, :daniel: Agent of Record for the Pennsylvania Registered Organization 
doing business as DANIEL ERIC JAY has served as 85 year old Elmer Jay’s 
primary caretaker since September 2020. This changed domicile from 
Pittsburgh PA to Bessemer PA, approximately 60 miles north of Pittsburgh, 
PA. 
This is a two issue petition to the court. 
 Due to Extraordinary Circumstances, an act of GOD, the MAN known as 
:JAY, :daniel: Agent of Record for the Pennsylvania Registered Organization 
Case 1:20-cr-00228-MHC-JKL     Document 200     Filed 06/17/21     Page 5 of 7

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doing business as DANIEL ERIC JAY, petitions the court for an additional 90 
days to be able to conduct focused primary care for Elmer Jay as well as 
prepare pre trial motions in advance of the pretrial hearing currently 
scheduled for June 21, 2021 at 9:30 AM, fully comprehending that in the 
order for a 30 day extension filed May 17, 2021 it was stated “The Court is 
not inclined to grant further extentions, absent very good cause shown” 
  
Also, the MAN known as :JAY, :daniel: Agent of Record for the Pennsylvania 
Registered Organization doing business as DANIEL ERIC JAY, as part of 
Elmer’s care will be required to travel to and from the state of Ohio (3 miles 
from Elmer Jay’s residence) for both Elmer’s trips to and from the rehab 
facility, and Elmer’s outpatient Dr visits in Northeast Ohio. Asking the court 
to amend bond conditions for DANIEL ERIC JAY to be allowed to travel in 
and out of Ohio as to be able to provide the best possible care for Elmer. In 
a prior conversation, Pennsylvania Pre Trial services officer Pete Gawlinski, 
having traveled to the small country home of Elmer Jay, stated that it would 
not oppose the request to be able to travel in and out of Ohio rather than 
the 40 miles drive to Cranberry Township, PA where a lot of the shopping 
for Elmer Jay has been done since September. It is requested that the bond 
conditions for DANIEL ERIC JAY be amended to allow travel between 
Pennsylvania and Ohio. 
  
For the court to verify this information regarding Elmer Stewart Jay, the 
contact number to UPMC Passavant nurses station is (412) 748-6763. Elmer 
is in room 6734 (as of the typing of this email, however he may be in ICU for 
a few days after surgery) 
  
By:JAY, :daniel: 
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Agent of Record for the Pennsylvania Registered Organization doing 
business as DANIEL ERIC JAY 
 
CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening 
attachments or clicking on links.  
 
Case 1:20-cr-00228-MHC-JKL     Document 200     Filed 06/17/21     Page 7 of 7

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