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United States of America v. Order Wqas Khan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 9, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ORDER WQAS KHAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

Scheduled before the undersigned for February 11, 2011, is defendant Khan's motion for discovery of alleged Brady*fn1 material to be used, maybe, at an as yet unscheduled Franks*fn2 hearing. Previously the undersigned adjudicated a similarly based motion brought pursuant to Henthorn.*fn3 The present motion to compel is in most respects, in the words of a famous baseball philosopher, "deja vu all over again."*fn4 In light of the fact that defendants have sought reconsideration of the undersigned's initial ruling before the district judge (now the Honorable Kimberly J. Mueller), the undersigned vacates without prejudice defendant Kahn's motion to compel discovery (docket #61) pending Judge Mueller's decision.


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