United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OPINION AND ORDER
C. NUGENT United States District Judge.
matter is before the Court on a series of motions filed by
Defendant, Anthony L. Viola. The following motions are still
showing as pending on the Court's docket:
(1) Motion Requesting This Court Take Judicial Notice of the
FOIA Suit Filed in Erie, PA. (ECF #507)
(2) Motion for Bond and Motion to Compel Production of
Memorandum of Understanding Between the FBI and the Joint
Task Force. (ECF #512).
(3) Motion for Sanctions. (ECF #514).
(4) Motion to Make Correspondence Part of the Record. (ECF
(5) Motion to Take Judicial Notice of Filing in Case No.
15-242E, W.D. Pa, Viola vs. Department of Justice. (ECF
(6) Motion for Sanctions. (ECF #528).
(7) Motion to Compel Production of Jenks Material. (ECF
(8) Motion to Authorize Release of Records. (ECF #532).
(9) Motion to Take Judicial Notice. (ECF #536).
(10) Motion to Reduce Restitution. (ECF #539).
Government has filed Responses in Opposition to Docket
Numbers 512, 514, 525, 528, and 539. Mr. Viola has filed
Replies in support of his Motions for Sanctions and Motion to
Compel Production of Memorandum of Understanding Between the
FBI and the Joint Task Force. (ECF #520, 531).
preliminary matter, none of the motions filed by Mr. Viola
are matters that should be considered by the Court in these
post-conviction proceedings. Mr. Viola has already submitted
a challenge to his conviction and sentence under §2255,
which the Court denied. (ECF #506). No certificate of
appealability was issued in connection with that opinion. The
Court also denied Mr. Viola's Motion to Reconsider the
denial of the §2255 motion, and the Sixth Circuit upheld
that decision. (ECF #511, 535). Further, a second or
successive motion under §2255 may not be filed without
permission from the Sixth Circuit. 28 U.S.C. § 2255(h).
Mr. Viola has not obtained any such permission. Absent a
pending motion to vacate or correct his sentence under 28
U.S.C. § 2255, the motions Mr. Viola has filed serve no
legitimate purpose and could not have any possible effect on