Witherspoon v. United States of America, et al

Filing 14

ORDER denying 13 MOTION to See Magistrate - Signed by Julie Richards Johnston, Clerk of Court on 9/29/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-cv-315-FL
JEFFREY WITHERSPOON,
Plaintiff,

)
)
)
v.
)
)
UNITED STATES OF AMERICA, WAYNE )
JONES, DEBRA JONES, RAY KLINE,
)
ALTON WILLIAMS, LARRY E.
)
)
NORMAN, ALICE F. HUNTER,
FRANKLIN COUNTY SHERIFF,
)
)
FRANKLINTON CITY POLICE, JERRY
)
JONES, PAT GREENE, and JOSEPH B.
)
CUTHINS,
)
Defendants.

ORDER

This matter is before the clerk on the “motion to see magistrate” filed by the pro se
plaintiff Jeffrey Witherspoon [DE-13].
Mr. Witherspoon first initiated this action by filing a motion for leave to proceed in forma
pauperis [DE-1] on June 2, 2014. That motion was denied by Magistrate Judge Kimberly A.
Swank on June 5, 2014 [DE-3]. Mr. Witherspoon appealed [DE-4] Judge Swank’s order. The
Honorable Louise W. Flanagan, United States District Judge, affirmed Judge Swank’s order,
denied Mr. Witherspoon’s motion to proceed in forma pauperis, and directed Mr. Witherspoon to
pay the requisite filing fee no later than August 8, 2014 [DE-5].
On July 14, 2014, Mr. Witherspoon filed a North Carolina General Warranty Deed dated
February 14, 1996 [DE-6]. He subsequently filed a letter on August 21, 2014 [DE-8] stating that
the deed should serve as security for his costs. In an order filed on August 29, 2014 [DE-9],
Judge Flanagan found that the filing of a copy of a warranty deed did not in and of itself
evidence security for costs, and explained that if Mr. Witherspoon intended to provide security

instead of advancing the filing fee, he “must show evidence of ownership, evidence of value, and
appropriate lien documentation.” August 29, 2014 Order [DE-9] at 3. The order set a deadline
of September 15, 2014, for Mr. Witherspoon to either pay the sum of $400.00 or satisfy the clerk
of court with respect to any plead of real property as security.
On September 15, 2014, Mr. Witherspoon filed a response [DE-11], attaching a copy of a
deed of trust naming Resources Bancshares Mortgage Group, Inc., as the trustee, dated March
26, 1996 [DE-11-1]; a release dated October 27, 1999 [DE-11-1]; and a motion to release
unclaimed funds in a bankruptcy matter [DE-11-2].

The undersigned found that Mr.

Witherspoon failed to demonstrate evidence of ownership, evidence of value, and appropriate
lien documentation to pledge real property as security. Because he also failed to pay the filing
fee within the court’s deadline, the case was closed. See September 18, 2014 Order [DE-12].
Mr. Witherspoon did not appeal the undersigned’s order to the presiding judge or the Fourth
Circuit of Appeals.
On February 8, 2016, Mr. Witherspoon filed the instant motion to see magistrate. The
motion was referred to the undersigned at the direction of the court.
The case is closed, and the motion to see magistrate does not provide a basis for
reopening the case. Accordingly, the motion [DE-13] is DENIED.
SO ORDERED. This the 29th day of September, 2016.

______________________________
Julie Richards Johnston
Clerk of Court

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