Teague v. NCDOT

Filing 73

ORDER denying 72 Motion for Ex Parte Hearing. Signed by Senior Judge James C. Fox on 11/27/2012. Copy sent to the plaintiff via US Mail. (Edwards, S.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No.5:07-CV-45-F JOE E. TEAGUE, JR. PE, CM, Plaintiff, ) ) ) vs. ) ) THE NORTH CAROLINA ) DEPARTMENT OF TRANSPORTATION,) Defendant. ) ORDER This matter is before the court upon the motion [DE-72] requesting an ex parte hearing by the pro se Plaintiff, Joe E. Teague, Jr. ("Teague"). In the handwritten motion, Teague notes that he previously requested an ex parte hearing with United States Magistrate Judge David W. Daniel, and he states that Judge Daniel summarily denied his request in an order filed on April 4, 2012. He summarizes the reasons why he feels Judge Daniel's previous order was "egregious," and further argues that this case should be reopened. He requests a time to speak with a new magistrate judge and the Clerk of Court for the Eastern District. As Judge Daniel noted in his April 4, 2012, Order [DE-71], this case has been closed for some time and Plaintiffs previous motions to reconsider and appeals to the Fourth Circuit have not proven successful. Like Judge Daniel did, the undersigned also finds no basis for granting Plaintiff an ex parte hearing before a judicial officer or the Clerk of Court. Plaintiffs motion [DE-72] is therefore DENIED. SO ORDERED. This the 2 1 ..J day of November, 2012. -J;:-C'7n es C. Fox Senior United States District Judge

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