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United States v. Viola

United States District Court, N.D. Ohio, Eastern Division

September 1, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
ANTHONY L. VIOLA, Defendant.

          MEMORANDUM OPINION AND ORDER

          DONALD C. NUGENT United States District Judge.

         This 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 #525).
(5) Motion to Take Judicial Notice of Filing in Case No. 15-242E, W.D. Pa, Viola vs. Department of Justice. (ECF #527).
(6) Motion for Sanctions. (ECF #528).
(7) Motion to Compel Production of Jenks Material. (ECF #530).
(8) Motion to Authorize Release of Records. (ECF #532).
(9) Motion to Take Judicial Notice. (ECF #536).
(10) Motion to Reduce Restitution. (ECF #539).

         The 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).

         As a 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 ...


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