ApolloMedia Motion Denied

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

IN RE THE APPLICATION OF THE
UNITED STATES FOR AN ORDER
UNDER 18 U.S.C. § 2703(d)

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MAGISTRATE'S NO. H-99-607-M

FILED UNDER SEAL

ORDER DENYING APOLLOMEDIA'S
MOTION TO STAY AND TO UNSEAL THE RECORD

ApolloMedia's motion to stay and to unseal the record is denied.

On August 13, 1999, United States magistrate Judge Marcia A. Crone signed a written Order denying ApolloMedia's motion to quash this Court's original Order Under 18 U.S.C. § 2703(d), which had been signed on June 16, 1999.

On September 1, 1999, United States District Judge Lynn Hughes signed an Order and a written opinion affirming Magistrate Judge Crone's dismissal of ApolloMedia's motion to quash Magistrate Judge Crone's Order dated June 16, 1999.

Judge Hughes' Order and Opinion constitutes a "final decision" of the United States District Court for the Southern District of Texas. Judge Hughes' Order and Opinion "ends the litigation on the merits and leaves nothing for the Court to do…" See In Re: Grand Jury Subpoena, Nos. 98-40870, 99-40262 and 99-40271, 1999 WL 734987, at *3 (5th Cir. Sept. 20, 1999), quoting, Cunningham v. Hamilton County. ---U.S.----, -----, 119 S. Ct. 1915, 1919-20, 144 L. Ed. 2d 184 (1999) (internal citations and quotes omitted). The only court having jurisdiction over ApolloMedia's claim is the United States Court of Appelas for the Fifth Circuit. 28 U.S.C. § 1291.

Signed in Houston, Texas on October 28, 1999

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HONORABLE MARCIA A. CRONE
UNITED STATES MAGISTRATE JUDGE