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United States of America v. Phillip Webb

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 17, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PHILLIP WEBB, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Webb's April 16, 2013 motion to suppress identification evidence (Doc. 31). On September 6, 2012, Magistrate Judge Donald G. Wilkerson entered the Order For Pre-Trial Discover And Motion Practice (Doc. 12). That Order requires all suppression motions to be filed within twenty-one days of the arraignment.*fn1 Web was arraigned on September 6, 2012 on the original indictment (Doc. 9) and arraigned on February 7, 2013 on the superseding indictment on February 7, 2013 (Doc. 28). This motion was not filed until April 16, 2013. Clearly, this motion is untimely. Further, Webb has not sought leave to file the motion to suppress out of time. Moreover, Webb filed three motions to continue in this case and none of them mentioned the need for additional time to file such a motion. See Docs. 19, 21 & 29. Accordingly, the Court STRIKES as untimely Webb's motion (Doc. 31). The Court REMINDS the parties that this matter is set for jury trial on June 3, 2013 at 9:00 a.m.

IT IS SO ORDERED.

Digitally signed by Date: 2013.04.17

David R. Herndon Chief Judge United States District Court


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