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Order — United States v. Taylor (W.D. Ark., Document 141)

Summary

An Order filed November 1, 2023 as Document 141 in United States of America v. Billy Joe Taylor, No. 2:21-CR-20030-001 (Case 2:21-cr-20030-PKH), in the U.S. District Court for the Western District of Arkansas, Fort Smith Division, signed /s/ P.K. Holmes, III. The Order states that judgment was entered June 9, 2023 on Taylor's conviction and sentence for conspiracy to commit health care fraud and money laundering, and that an appeal is pending before the Eighth Circuit Court of Appeals. It denies his motion for copies of the entire record (Doc. 139), finding that granting it would improperly interfere with the Eighth Circuit's ability to manage its own docket. It also denies his motion for a subpoena to his former attorney for the case file (Doc. 140), stating that the motion cites no legal authority.

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“Order — United States v. Taylor (W.D. Ark., Document 141).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-w-d-ark-no-2-21-cr-20030-dkt-141-9192af7a9a/, SHA-256 400f328381e318a1d42cf596c59d1048af26a20058e143ae3634ee4e1c382a33.

Full text

Case 2:21-cr-20030-PKH Document 141                  Filed 11/01/23 Page 1 of 2 PageID #: 839




                            UNITED STATES DISTRICT COURT
                            WESTERN DISTRICT OF ARKANSAS
                                 FORT SMITH DIVISION

UNITED STATES OF AMERICA                                                               PLAINTIFF

v.                                    No. 2:21-CR-20030-001

BILLY JOE TAYLOR                                                                     DEFENDANT

                                             ORDER

       On June 9, 2023, judgment was entered on Defendant Billy Joe Taylor’s conviction and

sentence in this Court for conspiracy to commit health care fraud and money laundering. See Doc.

125. Mr. Taylor currently has an appeal from that judgment pending before the Eighth Circuit

Court of Appeals. See Doc. 130. On October 16, Mr. Taylor filed a motion asking the Eighth

Circuit to compel this Court to provide him with the entire record in this case. See Case No. 23-

2482 (8th Cir.), Entry ID 5327031. The Eighth Circuit denied that motion the following day. See

id., Entry ID 5327035. A week later, Mr. Taylor filed a motion in this Court seeking essentially

identical relief to what the Eighth Circuit had just denied. See Doc. 139. To whatever extent this

Court has jurisdiction to grant the relief Mr. Taylor requests, see Griggs v. Provident Consumer

Discount Co., 459 U.S. 56, 58 (1982) (ordinarily district court is divested of jurisdiction over

matters on appeal during the appeal’s pendency), and to whatever extent this Court is not barred

by the law-of-the-case doctrine from awarding relief that has already been denied by the Eighth

Circuit, see Alexander v. Jensen-Carter, 711 F.3d 905, 910 (8th Cir. 2013) (law-of-the-case

doctrine does not apply to interlocutory orders), the Court finds that granting the relief Mr. Taylor

requests would improperly interfere with and undermine the Eighth Circuit’s ability to manage its

own docket. Accordingly, Mr. Taylor’s motion for copies of the entire record in this case (Doc.

139) will be denied.



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Case 2:21-cr-20030-PKH Document 141                  Filed 11/01/23 Page 2 of 2 PageID #: 840




       Also before this Court is Mr. Taylor’s October 30, 2023 motion requesting that this Court

issue a subpoena commanding his former attorney to provide him with his entire case file. See

Doc. 140. Mr. Taylor’s motion cites no legal authority supporting this request, and this Court is

unaware of any. For example, Federal Rule of Criminal Procedure 17 contemplates the issuance

of subpoenas directing a “witness” to produce documents “before trial or before they are to be

offered in evidence.” See Fed. R. Crim. P. 17(c)(1). But nothing in that Rule appears to

contemplate the sort of relief Mr. Taylor is requesting. So this motion will also be denied.

       IT IS THEREFORE ORDERED that Defendant Billy Joe Taylor’s motion for copies of

documents (Doc. 139) and motion for subpoena (Doc. 140) are both DENIED.

       IT IS SO ORDERED on this 1st day of November, 2023.


                                                             /s/P. K. Holmes, III
                                                             P.K. HOLMES, III
                                                             U.S. DISTRICT JUDGE




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