Spann v. NC Department of Public Safety et al

Filing 73

ORDER: To the extent plaintiff seeks relief from this Court in his 71 letter, such request is denied without prejudice as to pursuing such relief in an appropriate forum. Signed by District Judge Max O. Cogburn, Jr on 4/23/2018. (Pro se litigant served by U.S. Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:17-cv-00104-MOC-DLH
RONALD WAYNE SPANN,

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Plaintiff,
Vs.
NORTH CAROLINA DEPARTMENT OF
PUBLIC SAFETY , et al.,
Defendants.

ORDER

THIS MATTER is before the court on a post-judgment letter from plaintiff, in which he
states that counsel is attempting to charge him $319.00 to either receive a copy of medical
records received in discovery in this matter. As earlier found, this action was filed in violation of
Rule 17(c), Fed.R.Civ.P., inasmuch as the 2009 power of attorney held by Ms. Land and relied
on by Ms. Exum did not convey any litigation authority.
While Mr. Spann states that this Court “ordered all paperwork to be forwarded to” him,
the Court does not specifically recall that directive and it is not reflected in either the Court
minutes, the resulting court Order (#66), or the Court’s notes. Further, the Court has reviewed
the raw transcript of the hearing and no such oral Order was entered. The following exchange
did, however, occur:
THE DEFENDANT: Your Honor, Mary Exum had all my paperwork. I've put
everything I have to her and I don't have a clue where it's all at.
THE COURT: I don't know where it is but I'm sure it can be found by whatever
lawyer you have if they take the time to do it. Okay?

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Raw Transcript, at p. 28. Thus, there is no order that counsel forward all paperwork to Mr.
Spann.
At this point, the case is terminated, there is no Order either oral or written that has been
violated, and there is no further relief this Court can grant. If Mr. Spann believes that counsel is
improperly in possession of his records, is withholding copies of his records, or is attempting to
collect improper costs in violation of the North Carolina Rules of Professional Conduct, his
remedy is not with this Court, but with the North Carolina State Bar.
ORDER
IT IS, THEREFORE, ORDERED that to the extent plaintiff seeks relief from this
Court in his letter (#71), such request is denied without prejudice as to pursuing such relief in an
appropriate forum.
Signed: April 23, 2018

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