Case: U.S. v. Comstock

5:06-hc-02195 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Nov. 2, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

This case involved a constitutional challenge to certain provisions of the Adam Walsh Child Protection and Safety Act of 2006. At issue was the civil commitment program for sexual predators as outlined in the Act. 18 U.S.C. § 4248.The issue arose in five cases filed by the government in 2006, in which the government sought to institute commitment proceedings with respect to federal prisoners incarcerated at FCI-Butner whose sentences were about to expire. Each inmate had been convicted of a fe…

This case involved a constitutional challenge to certain provisions of the Adam Walsh Child Protection and Safety Act of 2006. At issue was the civil commitment program for sexual predators as outlined in the Act. 18 U.S.C. § 4248.

The issue arose in five cases filed by the government in 2006, in which the government sought to institute commitment proceedings with respect to federal prisoners incarcerated at FCI-Butner whose sentences were about to expire. Each inmate had been convicted of a federal criminal offense involving sexual deviancy, such as possession of child pornography or sexual abuse of a minor. In each case, the Federal Public Defender filed a motion to dismiss the petition for hearing, arguing that the civil commitment provisions of the Act were unconstitutional. The five cases were not consolidated, but District Judge W. Earl Britt of the U.S. District Court for the Eastern District of North Carolina decided to issue one ruling on all cases.

On September 7, 2007, the District Court (Earl Britt) granted the prisoners' motions and dismissed all of the government's petitions. In his order, Judge Britt determined that the civil commitment provision of the Adam Walsh Act was not a necessary and proper exercise of Congressional authority.

On January 8, 2009 the decision of the District Court was affirmed by the U.S. 4th Circuit Court of Appeals (Diana Gribbon Motz), holding that 18 U.S.C. § 4248 thus could not be sustained as an exercise of Congress's authority under the Commerce Clause or any other provision of the Constitution.

On May 18, 2010, the U.S. Supreme Court (Breyer, J.) reversed and remanded the 4th Circuit's decision, finding that the Necessary and Proper Clause granted Congress broad authority to criminalize conduct, imprison those who engaged in that conduct, and enact laws governing prisons and prisoners in the course of carrying into execution the enumerated powers vested by the U.S. Constitution. The Court did not address other constitutional challenges to the law.

On December 6, 2010, the U.S. Fourth Circuit Court of Appeals (Diana Gribbon Motz) reversed and remanded the decision of the District Court, finding that the respondents had not met the heavy burden of demonstrating that the clear and convincing evidence standard rendered the statute unconstitutional on its face.

On November 29, 2011, a judgment was issued by the United States District Court, Eastern District of North Carolina (Bernard A. Friedman), releasing the respondent from custody. This case is closed.

Note that our document collection for this case only contains the PACER docket for the first case filed, U.S. v. Comstock. The other cases included: U.S. v. Shane Catron, 5:06-HC-2202BR; U.S. v. Thomas Matherly, 5:06-HC-2205BR; U.S. v. Marvin Vigil, 5:06-HC-2206BR; and U.S. v. Markis Revland. 5:06-HC-2212BR.

Summary Authors

Gregory Pitt (7/13/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4303769/parties/united-states-v-comstock/


Judge(s)

Agee, G. Steven (Virginia)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Britt, William Earl (North Carolina)

Cacheris, James Chris (Virginia)

Friedman, Bernard A. (Michigan)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Motz, Diana Jane Gribbon (Maryland)

Roberts, John Glover Jr. (District of Columbia)

Judge(s)

Agee, G. Steven (Virginia)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Britt, William Earl (North Carolina)

Cacheris, James Chris (Virginia)

Friedman, Bernard A. (Michigan)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Motz, Diana Jane Gribbon (Maryland)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Bredenberg, Michael D. (North Carolina)

Gray, Edward D. (North Carolina)

Renfer, R. A. Jr. (North Carolina)

Royster, Joshua B. (North Carolina)

Attorneys(s) for Defendant

Graves, Debra (North Carolina)

Pearce, Jane E. (North Carolina)

Shea, Kat (North Carolina)

Documents in the Clearinghouse

Document

Docket (PACER)

United States of America v. Comstock

April 5, 2012 Docket
1

Certification of a Sexually Dangerous Person

US v. Comstock

Nov. 2, 2006 Pleading / Motion / Brief
32

Opinion

United States of America v. Comstock

507 F.Supp.2d 522, 2007 WL 2588815, 2007 U.S.Dist.LEXIS 66914

Sept. 7, 2007 Order/Opinion

Opinion

United States of America v. Comstock

U. S. Court of Appeals for the Fourth Circuit

551 F.3d 274, 2009 U.S.App.LEXIS 185

Jan. 8, 2009 Order/Opinion
60

Slip opinion

United States v. Comstock

Supreme Court of the United States

560 U.S. 126

May 18, 2010 Order/Opinion
82

OPINION

U. S. Court of Appeals for the Fourth Circuit

627 F.3d 513, 2010 U.S.App.LEXIS 24830

Dec. 6, 2010 Order/Opinion
143

Bench ruling

Nov. 29, 2011 Transcript
144

Judgment

Nov. 29, 2011 Order/Opinion

Resources

Title Description External URL

United States v. Comstock

SCOTUSBlog

The Court upheld, under the Commerce Clause, the law passed by Congress allowing the civil commitment of mentally ill sex offenders after the completion of their criminal sentences. May 17, 2010 https://www.scotusblog.com/case-files/cases/united-states-v-comstock/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4303769/united-states-v-comstock/

Last updated May 12, 2022

ECF Number Description Date Link
1

Motion to Determine Present Mental Condition of Imprisoned Person against Graydon Earl Comstock, Jr, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Certification of a Sexually Dangerous Person# 2 Proposed Order)(Bredenberg, Michael) (Entered: 11/02/2006)

Nov. 2, 2006 PACER
2

Order appointing Federal Public Defender to represent respondent and appointing additional mental health examiner. Competency Hearing set for 3/5/2007 09:00 AM in Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 11/14/06. (CHAM, ACP) (Entered: 11/14/2006)

Nov. 14, 2006 PACER
3

NOTICE of Appearance by Jane E. Pearce on behalf of Graydon Earl Comstock, Jr (Pearce, Jane) (Entered: 11/15/2006)

Nov. 15, 2006 PACER
4

MOTION to Appoint Expert for a Court Ordered Psychological Evaluation pursuant to 18 U.S.C. 4248(b) by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Bredenberg, Michael) (Entered: 12/04/2006)

Dec. 4, 2006 PACER
5

ORDER granting 4 Motion to Appoint Expert . Signed by Judge W. Earl Britt on 12/5/06. (CHAM, ACP) (Entered: 12/05/2006)

Dec. 5, 2006 PACER
6

MOTION for Extension of Time to Complete Forensic Evaluation by UNITED STATES OF AMERICA. (Attachments: # 1 text of proposed order)(Bredenberg, Michael) (Entered: 01/19/2007)

Jan. 19, 2007 PACER
7

ORDER granting 6 Motion for Extension of Time . Signed by Judge W. Earl Britt on 1/22/07. (CHAM, ACP) (Entered: 01/22/2007)

Jan. 22, 2007 PACER
8

NOTICE by Graydon Earl Comstock, Jr of Mental Health Examiner (Pearce, Jane) (Entered: 02/08/2007)

Feb. 8, 2007 PACER
9

MOTION In-Court Hearing for Respondent by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 02/13/2007)

Feb. 13, 2007 PACER
10

NOTICE of Hearing: Competency Hearing set for 3/7/2007 09:00 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - GM, ) (Entered: 02/14/2007)

Feb. 14, 2007 PACER
11

MOTION to Dismiss Petition for Hearing by Graydon Earl Comstock, Jr. Responses due by 3/7/2007 (Pearce, Jane) (Entered: 02/15/2007)

Feb. 15, 2007 PACER
12

MOTION to Dismiss Petition for Hearing by Graydon Earl Comstock, Jr. Responses due by 3/7/2007 (Pearce, Jane) (Entered: 02/15/2007)

Feb. 15, 2007 PACER
13

MOTION to Continue Commitment Hearing by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order order)(Pearce, Jane) (Entered: 02/15/2007)

Feb. 15, 2007 PACER
14

Motions terminated: 13 MOTION to Continue Commitment Hearing filed by Graydon Earl Comstock, Jr.., Order Setting Hearings Hearing set for 5/7/2007 09:00 AM in Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 2/20/07. (CHAM, ACP) (Entered: 02/20/2007)

Feb. 20, 2007 PACER
15

RESPONSE in Opposition re 9 MOTION In-Court Hearing for Respondent filed by UNITED STATES OF AMERICA. (Attachments: # 1 Judicial Conference of the United States Report)(Bredenberg, Michael) (Entered: 03/05/2007)

March 5, 2007 PACER
16

MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss Petition for Hearing by UNITED STATES OF AMERICA. (Attachments: # 1 text of proposed order)(Bredenberg, Michael) (Entered: 03/06/2007)

March 6, 2007 PACER
17

REPLY to Response to Motion re 9 MOTION In-Court Hearing for Respondent filed by Graydon Earl Comstock, Jr. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Pearce, Jane) (Entered: 03/08/2007)

March 8, 2007 PACER
18

ORDER granting 16 Motion for Extension of Time to File Response/Reply re 12 MOTION to Dismiss Petition for Hearing Responses due by 4/7/2007. Signed by Judge W. Earl Britt on 3/8/07. (CHAM, ACP) (Entered: 03/08/2007)

March 8, 2007 PACER
19

MOTION to Dismiss Petition by Graydon Earl Comstock, Jr. Responses due by 4/9/2007 (Pearce, Jane) (Entered: 03/20/2007)

March 20, 2007 PACER
20

ORDER granting 9 Motion for an in-court hearing . Signed by Judge W. Earl Britt on 3/30/07. (CHAM, ACP) (Entered: 03/30/2007)

March 30, 2007 PACER
21

RESPONSE in Opposition re 19 MOTION to Dismiss Petition, 12 MOTION to Dismiss Petition for Hearing filed by UNITED STATES OF AMERICA. (Bredenberg, Michael) (Entered: 04/05/2007)

April 5, 2007 PACER
22

REPLY to Response to Motion re 19 MOTION to Dismiss Petition, 12 MOTION to Dismiss Petition for Hearing filed by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 04/13/2007)

April 13, 2007 PACER
23

NOTICE of Appearance by R. A. Renfer, Jr on behalf of UNITED STATES OF AMERICA (Renfer, R.) (Entered: 04/19/2007)

April 19, 2007 PACER
24

ORDER Setting a status conference and Hearing on Motion 12 MOTION to Dismiss Petition for Hearing, 19 MOTION to Dismiss Petition: Motion Hearing set for 5/7/2007 09:00 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt.. Signed by Judge W. Earl Britt on 4/19/2007. (Deputy Clerk - GM, ) (Entered: 04/19/2007)

April 19, 2007 PACER
25

NOTICE of Status Conference and Hearing on Motion 12 MOTION to Dismiss Petition for Hearing, 19 MOTION to Dismiss Petition: Motion Hearing set for 5/7/2007 10:30 AM in Raleigh - 7th Floor - Courtroom 2 before Judge W. Earl Britt. (Deputy Clerk - GM, ) (Entered: 05/01/2007)

May 1, 2007 PACER
26

Minute Entry for proceedings held before Judge W. Earl Britt : Status Conference held on 5/7/2007. (Court Reporter S Schwinn.) (Deputy Clerk - AEB, ) (Entered: 05/07/2007)

May 7, 2007 PACER
27

NOTICE by UNITED STATES OF AMERICA (Renfer, R.) (Entered: 05/15/2007)

May 15, 2007 PACER
28

TRANSCRIPT of Proceedings held on May 7. 2007 before Judge Judge Britt. Court Reporter: Stacy Schwinn. (Deputy Clerk - GM, ) (Entered: 05/18/2007)

May 18, 2007 PACER
29

MOTION to Continue 18 USC 4248 Hearing by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order order)(Pearce, Jane) (Entered: 05/22/2007)

May 22, 2007 PACER
30

ORDER Cancelling Deadline, Motions terminated: 29 MOTION to Continue 18 USC 4248 Hearing filed by Graydon Earl Comstock, Jr... Signed by Judge W. Earl Britt on 5/23/07. (CHAM, ACP) (Entered: 05/23/2007)

May 23, 2007 PACER
31

NOTICE by UNITED STATES OF AMERICA (Citation of Supplemental Authorities) (Attachments: # 1 Attachment:Mass. 8-24-07 Order) (Renfer, R.) (Entered: 08/27/2007)

Aug. 27, 2007 PACER
32

ORDER granting 12 Motion to Dismiss; granting 19 Motion to Dismiss; and the government's petitions are Dismissed and Temporarily stays the effect of this order pending receipt of, and the court's decision regarding, the government's forthcoming motion to stay the effective date of the release of the respondents from custody in each of the cases identified in the caption of this order. Signed by Judge W. Earl Britt on 9/7/2007. (Deputy Clerk - AI, ) (Entered: 09/07/2007)

Sept. 7, 2007 RECAP
33

CLERK'S JUDGMENT that this action is hereby dismissed. Signed by Clerk of Court on 9/7/2007. (Deputy Clerk - AI, ) (Entered: 09/07/2007)

Sept. 7, 2007 PACER
34

MOTION to Stay Pending Appeal by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
35

Memorandum in Support re 34 MOTION to Stay Pending Appeal filed by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
36

RESPONSE in Opposition re 34 MOTION to Stay Pending Appeal filed by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 10/04/2007)

Oct. 4, 2007 PACER
37

NOTICE OF APPEAL by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 11/06/2007)

Nov. 6, 2007 PACER
38

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 37 Notice of Appeal (Deputy Clerk - AI, ) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
39

MOTION for Hearing to Review Conditions of Detention by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 11/15/2007)

Nov. 15, 2007 PACER
40

ORDER granting 34 Motion to Stay respondent's release pending appeal. Signed by Judge W. Earl Britt on 11/26/2007. (Deputy Clerk - GM, ) (Entered: 11/26/2007)

Nov. 26, 2007 PACER
41

RESPONSE in Opposition re 39 MOTION for Hearing to Review Conditions of Detention filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Karen Steinour) (Bredenberg, Michael) (Entered: 11/30/2007)

Nov. 30, 2007 PACER
42

ORDER of USCA as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA consolidating Appeal Case Nos. 07-7672, 07-7673, 07-7674, 07-7675 with 07-7671 (Deputy Clerk - GM, ) (Entered: 12/03/2007)

Dec. 3, 2007 PACER
43

ORDER of USCA as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA - appointing FPD to represent appellants on appeal (Deputy Clerk - GM, ) (Entered: 12/04/2007)

Dec. 3, 2007 PACER
44

REPLY to Response to Motion re 39 MOTION for Hearing to Review Conditions of Detention filed by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
45

ORDER denying 39 Motion for Hearing. Signed by Judge W. Earl Britt on 1/8/2008. (Deputy Clerk - GM, ) (Entered: 01/08/2008)

Jan. 8, 2008 PACER
46

Published Opinion from Fourth Circuit Court of Appeals - Affirmed. (Indig, A.) (Entered: 01/08/2009)

Jan. 8, 2009 PACER
47

USCA JUDGMENT as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA (Indig, A.) (Entered: 01/08/2009)

Jan. 8, 2009 PACER
48

MOTION for Release from Custody by Graydon Earl Comstock, Jr. (Pearce, Jane) (Entered: 01/09/2009)

Jan. 9, 2009 PACER
49

NOTICE by UNITED STATES OF AMERICA re 48 MOTION for Release from Custody 1/12/09 letter (Renfer, R.) (Entered: 01/12/2009)

Jan. 12, 2009 PACER
50

RESPONSE in Opposition re 48 MOTION for Release from Custody filed by UNITED STATES OF AMERICA. (Renfer, R.) (Entered: 01/23/2009)

Jan. 23, 2009 PACER
51

Appeal Remark re 37 Notice of Appeal : This Court's mandate has been stayed pending disposition of a petition for panel and/or en banc rehearing. (Indig, A.) (Entered: 02/26/2009)

Feb. 26, 2009 PACER
52

ORDER of USCA as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA - The Court denies the petition for rehearing and rehearing en banc. (McDowell, G.) (Entered: 03/10/2009)

March 10, 2009 PACER
53

Appeal Remark re 37 Notice of Appeal - This Court's mandate has been stayed pending disposition of a motion to stay the mandate. (Indig, A.) (Entered: 03/17/2009)

March 17, 2009 PACER
54

ORDER of USCA as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA - the Court grants a two-week stay of the mandate. The Court denies appellants motion for a further stay. (McDowell, G.) (Entered: 03/24/2009)

March 24, 2009 PACER
55

Appeal Remark re 37 Notice of Appeal : The motion of respondents for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. (McDowell, G.) (Entered: 06/26/2009)

June 26, 2009 PACER
56

Transmittal letter to the Supreme Court of the United States re: record on appeal. 5 Volumes (McDowell, G.) (Entered: 12/03/2009)

Dec. 3, 2009 PACER
57

Slip Opinion from Supreme Court of the United States - Reversed and Remanded. (McDowell, G.) (Entered: 05/18/2010)

May 18, 2010 PACER
58

Appeal Remark - re: 37 Notice of Appeal : Receipt of Record returned from U.S. Supreme Court. (McDowell, G.) (Entered: 06/23/2010)

June 22, 2010 PACER
59

NOTICE of Appearance by Edward D. Gray on behalf of UNITED STATES OF AMERICA. (Gray, Edward) (Entered: 06/24/2010)

June 24, 2010 PACER
60

NOTICE of Appearance by Joshua B. Royster on behalf of UNITED STATES OF AMERICA. (Royster, Joshua) (Entered: 06/24/2010)

June 24, 2010 PACER
61

ORDER - denying without prejudice 48 Motion for Release from Custody. Signed by Judge W. Earl Britt on 8/27/2010. (Indig, A.) (Entered: 08/27/2010)

Aug. 27, 2010 PACER
62

Published Opinion from Fourth Circuit Court of Appeals - REVERSED AND REMANDED. (McDowell, G.) (Entered: 12/06/2010)

Dec. 6, 2010 PACER
63

US Court of Appeals JUDGMENT as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA. (McDowell, G.) (Entered: 12/06/2010)

Dec. 6, 2010 PACER
64

NOTICE of Appearance by Suzanne Little on behalf of Graydon Earl Comstock, Jr (Little, Suzanne) (Entered: 01/26/2011)

Jan. 26, 2011 PACER
65

MOTION for Hearing by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order) (Little, Suzanne) (Entered: 01/27/2011)

Jan. 27, 2011 PACER
66

MANDATE of US Court of Appeals (certified copy) as to 37 Notice of Appeal filed by UNITED STATES OF AMERICA. (Indig, A.) (Entered: 01/28/2011)

Jan. 28, 2011 PACER
67

SCHEDULING ORDER. Signed by Judge W. Earl Britt on 1/28/2011. (Indig, A.) (Entered: 01/31/2011)

Jan. 31, 2011 PACER
68

NOTICE by UNITED STATES OF AMERICA (Renfer, R.) (Entered: 02/01/2011)

Feb. 1, 2011 PACER
69

NOTICE by UNITED STATES OF AMERICA re 68 Notice-(other) (Amended Notice to Notice filed 2-1-2011) (Renfer, R.) (Entered: 02/03/2011)

Feb. 3, 2011 PACER
70

Notice of Substitution of Counsel by Debra C. Graves on behalf of Graydon Earl Comstock, Jr substituting for Suzanne Litte and Jane E. Pearce (Graves, Debra) (Entered: 03/10/2011)

March 10, 2011 PACER
71

NOTICE of Appearance by G. Norman Acker, III on behalf of UNITED STATES OF AMERICA (Acker, G.) (Entered: 03/21/2011)

March 21, 2011 PACER
72

SEALED Forensic Report received. (Attachments: # 1 1 - Forensic Report by Dr. Demby date 2-17-11) (Royster, Joshua) Modified on 5/6/2011 to remove PROPOSED (McDowell, G.). (Entered: 03/31/2011)

March 31, 2011 PACER
73

MOTION to Seal 72 PROPOSED SEALED Forensic Report AND ALL FUTURE FORENSIC REPORTS by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) (Royster, Joshua) (Entered: 03/31/2011)

March 31, 2011 PACER
74

NOTICE by UNITED STATES OF AMERICA OF FILING CONFIDENTIALITY AGREEMENT OF BOP'S DR. DEMBY (Attachments: # 1 1 - Confidentiality Agreement of BOP Dr. Demby) (Royster, Joshua) (Entered: 03/31/2011)

March 31, 2011 PACER
75

NOTICE by UNITED STATES OF AMERICA OF FILING OF CURRICULUM VITAE OF BOP EXPERT DR. DEMBY (Attachments: # 1 Curriculum Vitae of BOP'S Expert Dr. Demby) (Royster, Joshua) (Entered: 03/31/2011)

March 31, 2011 PACER
76

NOTICE by UNITED STATES OF AMERICA OF FILING OF CURRICULUM VITAE OF US ATTORNEY OFFICE EXPERT DR. PHENIX (Attachments: # 1 1 -Curriculum Vitae of US Attorney Office Expert Dr. Phenix) (Royster, Joshua) (Entered: 04/01/2011)

April 1, 2011 PACER
77

NOTICE by UNITED STATES OF AMERICA OF FILING CONFIDENTIALITY AGREEMENT OF US ATTORNEY'S OFFICE EXPERT DR. PHENIX (Attachments: # 1 1 - Confidentiality Agreement USAO Expert Dr. Phenix) (Royster, Joshua) (Entered: 04/04/2011)

April 4, 2011 PACER
78

SEALED Forensic Report received. (Attachments: # 1 Forensic Report by USAO Expert Dr. Phenix dated 4-1-11) (Royster, Joshua) Modified on 5/6/2011 to remove PROPOSED (McDowell, G.). (Entered: 04/05/2011)

April 5, 2011 PACER
80

TEXT ORDER granting 65 Motion for Hearing to determine whether he qualifies as a sexually dangerous person under 18 U.S.C. § 4248. The date for the hearing shall be set by the court at a later time. Entered by US Magistrate Judge James E. Gates on 5/6/2011. (McDowell, G.) (Entered: 05/06/2011)

May 6, 2011 PACER
81

TEXT ORDER granting 73 Motion to Seal - Pursuant to Federal Rules of Civil Procedure 5.2(d), Local Civil Rule 79.2, Eastern District of North Carolina, and Section T of the courts CM/ECF Administrative Policies and Procedures Manual, the court hereby GRANTS the governments motion to seal and ORDERS that the parties file any future forensic evaluations or other psychological or psychiatric documents in this case under seal, without need of further motion to seal, whether such documents are produced by government evaluators, independent examiners appointed by order of this court, or other mental health professionals. Entered by US Magistrate Judge James E. Gates on 5/6/2011. (McDowell, G.) (Entered: 05/06/2011)

May 6, 2011 PACER
82

MOTION for Extension of Time to Complete Discovery by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order order to extend discovery) Motions referred to James E. Gates. (Graves, Debra) (Entered: 05/12/2011)

May 12, 2011 PACER
83

NOTICE of Hearing on Motion 82 MOTION for Extension of Time to Complete Discovery : Motion Hearing set for 5/20/2011 at 1:00 PM in Raleigh - 6th Floor Courtroom before US Magistrate Judge James E. Gates. (McDowell, G.) (Entered: 05/16/2011)

May 16, 2011 PACER
84

Minute Entry for proceedings held before US Magistrate Judge James E. Gates: Motion Hearing held on 5/20/2011 re: 82 MOTION for Extension of Time to Complete Discovery filed by Graydon Earl Comstock, Jr. - Motion granted. (Court Reporter FTR) (McDowell, G.) (Entered: 05/20/2011)

May 20, 2011 PACER
85

ORAL ORDER granting 82 Motion for Extension of Time to Complete Discovery - deadline for respondent's initial disclosures extended until 8/1/2011. Signed by US Magistrate Judge James E. Gates on 5/20/2011. (McDowell, G.) Modified to include specific deadline on 9/30/2011 (McDowell, G.). (Entered: 05/20/2011)

May 20, 2011 PACER
86

MOTION to Appoint Expert Dr. Terence Campbell by Graydon Earl Comstock, Jr. (Attachments: # 1 Dr. Campbell's Curriculum Vitae, # 2 Text of Proposed Order) Motions referred to James E. Gates. (Graves, Debra) (Entered: 06/10/2011)

June 10, 2011 PACER
87

ORDER - GRANTING 86 Motion to Appoint Expert and APPOINTS Dr. Campbell as an additional mental health examiner selected by respondent. Signed by Magistrate Judge James E. Gates on 6/21/2011. (Indig, A.) (Entered: 06/22/2011)

June 22, 2011 PACER
88

SEALED (Selected Participants Only)Forensic Report received as to Comstock. (available to: Respondent Graydon Earl Comstock, Jr). (Attachments: # 1 Addendum to Report) (Graves, Debra) Modified on 8/1/2011 to remove "PROPOSED" text. (Blankenship, T.). (Entered: 08/01/2011)

Aug. 1, 2011 PACER
89

NOTICE by Graydon Earl Comstock, Jr. Curriculum Vitae of Dr. Terence Campbell. (Graves, Debra) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
90

NOTICE by Graydon Earl Comstock, Jr. Confidentiality Agreement of Dr. Terence Campbell. (Graves, Debra) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
91

MOTION for Extension of Time to Complete Discovery by Graydon Earl Comstock, Jr. (Attachments: # 1 Text of Proposed Order) Motions referred to James E. Gates. (Graves, Debra) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
92

SEALED (Selected Participants Only)Forensic Report received as to Dr. George Corvin (available to: Respondent Graydon Earl Comstock, Jr., Petitioner UNITED STATES OF AMERICA). (Graves, Debra) Modified on 8/3/2011 to remove the word PROPOSED. (Blankenship, T.) (Entered: 08/03/2011)

Aug. 3, 2011 PACER
93

NOTICE by Graydon Earl Comstock, Jr. Curriculum Vitae of Dr. George Corvin. (Graves, Debra) (Entered: 08/03/2011)

Aug. 3, 2011 PACER
94

TEXT ORDER granting 91 Motion for Extension of Time to Complete Discovery. This case comes before the court on the unopposed motion (D.E. 91) filed by respondent on 1 August 2011 to extend the deadline for his initial disclosures from the current deadline of 1 August 2011 until 4 August 2011. The extension was sought to provide respondents non-court appointed expert, Dr. George Corvin, sufficient time to complete his report, which was subsequently filed on 3 August 2011 along with his curriculum vitae. (See D.E. 92, 93). Respondent had timely produced and filed the report of the respondent-selected court-appointed examiner, Dr. Terence Campbell, on 1 August 2011. (See D.E. 88, 89). Good cause having been shown, the motion (D.E. 91) is GRANTED and Dr. Corvins expert report and curriculum vitae (D.E. 92, 93) are deemed timely produced and filed as of 3 August 2011. Signed by US Magistrate Judge James E. Gates on 8/9/2011. (McDowell, G.) (Entered: 08/10/2011)

Aug. 10, 2011 PACER
95

MOTION to Depose Additional Witnesses Identified in Respondent's Initial Disclosures by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) Motions referred to James E. Gates. (Royster, Joshua) Modified on 8/11/2011 to remove the extra word motion. (Fogle, L.) (Entered: 08/10/2011)

Aug. 10, 2011 PACER
96

ORDER - Granting 95 Motion to Depose Additional Witnesses. Signed by Magistrate Judge James E. Gates on 8/15/2011. (Indig, A.) (Entered: 08/15/2011)

Aug. 15, 2011 RECAP
97

NOTICE of Appearance by Katherine E. Shea on behalf of Graydon Earl Comstock, Jr (Shea, Katherine) (Entered: 08/26/2011)

Aug. 26, 2011 PACER
98

MOTION to Compel Respondent to Submit to A Psychological Interview by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order) Motions referred to James E. Gates. (Royster, Joshua) (Entered: 09/01/2011)

Sept. 1, 2011 PACER
99

NOTICE by Graydon Earl Comstock, Jr. Joint Notice of Proposed Hearing Dates. (Shea, Katherine) (Entered: 09/02/2011)

Sept. 2, 2011 PACER
100

NOTICE by UNITED STATES OF AMERICA Corrected Joint Notice of Proposed Hearing Dates. (Royster, Joshua) (Entered: 09/02/2011)

Sept. 2, 2011 PACER
101

RESPONSE in Opposition re 98 MOTION to Compel Respondent to Submit to A Psychological Interview filed by Graydon Earl Comstock, Jr. (Graves, Debra) (Entered: 09/02/2011)

Sept. 2, 2011 PACER

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Nov. 2, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Civil committment (non-civil rights): U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Graydon Earl Comstock, Jr., None

Defendant Type(s):

Corrections

Case Details

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Issues

General:

Sex offender regulation