Principal Life Insurance Company v. Ellison et al

Filing 35

ORDER denying 31 Motion for Disbursement of Funds and denying 32 Motion for Disbursement of Funds. Signed by Senior Judge W. Earl Britt on 2/22/2017. Order to defendant Tabatha Miller via US Mail at 139 Bienville Drive, Fayetteville, NC 28311. Order to defendant Edwardyne Ann Ellison, III via US Mail at 257 Elm Avenue, New Johnsonville, TN 37134. Order to defendant Robert Terry Ellison via US Mail at Scotland Correctional Institution, P.O. Box 1808, Laurinburg, NC 28353. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO: 5:12-CV-00475-BR
PRINCIPAL LIFE INSURANCE COMPANY,
Plaintiff,
v.
ROBERT TERRY ELLISON,
TABATHA ELLISON JONES,
EDWARDYNE ANN ELLISON III,
Defendants.

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ORDER

This matter is before the court on the letters of defendants Tabatha Marie Miller
(previously known as Tabatha Ellison Jones) and Edwardyne Ann Ellison III. (DE ## 31, 32.)
In those letters, these defendants request that the remaining balance of life insurance proceeds
currently held by the Clerk be distributed to them and that defendant Robert Terry Ellison be
precluded from receiving any proceeds because he was convicted of murder of Edwardyne Ann
Williams, the insured, on 23 November 2015. To the extent the letters could be deemed
motions, they are DENIED WITHOUT PREJUDICE subject to renewal upon the conclusion of
Robert Ellison’s direct appeal of his murder conviction. The court reminds the parties that any
document they submit to the court must be served on every other party to the action and contain
a certificate of service identifying the manner in which service was accomplished. See Fed. R.
Civ. P. 5; Local Civ. R. 5.1(f). The Clerk is DIRECTED to serve a copy of this order on Robert

Ellison at his place of incarceration as indicated on http://www.ncdps.gov/DPS-Services/CrimeData/Offender-Search.
This 22 February 2017.

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W. Earl Britt
Senior U.S. District Judge

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