Order — United States v. Robert Kenneth Williams (Dkt. 28, April 29, 2021)

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An Order in United States of America v. Robert Kenneth Williams, CR 121-011 (Case 1:21-cr-00011-DHB-BKE), Document 28, filed April 29, 2021, in the U.S. District Court for the Southern District of Georgia, Augusta Division. Addressing the pretrial motion filed by Defendant, the Court directs defense counsel and the government to file a joint status report by May 10, 2021 stating whether all pretrial motions have been satisfied or otherwise resolved. It states that, should Defendant intend to proceed with the motion to suppress, he must submit by May 10, 2021 a copy of the supporting affidavit bearing his handwritten signature. Unresolved motions must be listed by title and docket number, and motions not listed will be deemed resolved or waived.

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       Case 1:21-cr-00011-DHB-BKE Document 28 Filed 04/29/21 Page 1 of 2



                         IN THE UNITED STATES DISTRICT COURT
                       FOR THE SOUTHERN DISTRICT OF GEORGIA
                                       AUGUSTA DIVISION

UNITED STATES OF AMERICA                           )
                                                   )
        v.                                         )             CR 121-011
                                                   )
ROBERT KENNETH WILLIAMS                            )
                                              _________

                                              ORDER
                                              _________

        Before the Court is the pretrial motion filed by Defendant. Assuming the government

has followed its customary liberal discovery policy in this case, many (if not all) of the

routine discovery motions may have been satisfied without the need for Court intervention.

The Court will conduct a hearing to consider any motions that the parties have not been able

to resolve. Accordingly, the Court DIRECTS defense counsel and the government to file a

joint status report by May 10, 2021, that states whether all pretrial motions have been

satisfied or otherwise resolved. Should Defendant intend to proceed with the motion to

suppress, he MUST SUBMIT, by May 10, 2021, a copy of the affidavit in support of his

motion bearing his handwritten signature. 1

        Any unresolved motions requiring a ruling by the Court must be listed by title and

docket number. For the convenience of the parties, the form for the joint status report can be


        1
         Under Rule II(C) of the Court’s Administrative Procedures for Filing, Signing, and Verifying
Pleadings and Papers by Electronic Means, an attorney, rather than a non-attorney such as Defendant, is
permitted to use the “/s/” signature currently appearing on the supporting affidavit, (see doc. no. 23-1).
Because defense counsel has no first-hand knowledge about Defendant’s encounter with law
enforcement, she is unable to create issues of fact that would necessitate an evidentiary hearing. The
burden is on Defendant to allege facts that would, if proven true, entitle him to relief. United States v.
Richardson, 764 F.2d 1514, 1527 (11th Cir. 1985). Therefore, Defendant must verify the information in
the supporting affidavit with his signature.
      Case 1:21-cr-00011-DHB-BKE Document 28 Filed 04/29/21 Page 2 of 2




found on the Court’s website under Forms, Judge Epps Instructions and Forms, Criminal,

Joint Status Report.

       The Court will require attendance at a hearing on any motion listed as unresolved and
may require supplemental briefing prior to such hearing.      The parties should only list
motions over which the parties disagree. Motions not listed will be deemed resolved or
waived.
       SO ORDERED this 29th day of April, 2021, at Augusta, Georgia.


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