Whitener v. USA

Filing 55

ORDER denying 53 Motion for Subpoena ; denying 54 Motion for Reconsideration. Signed by District Judge Max O. Cogburn, Jr on 1/5/2016. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00600-MOC
ERIC WHITENER,

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Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.

ORDER

THIS MATTER is before the court on petitioner’s Motion to Reconsider this Court’s
Finding that the Government’s Late Submission Was Excusable Neglect, as Well as This Court’s
Finding that Exhibit 1A Was Admissible (#54). Finding no basis for reconsideration, petitioner’s
motion is denied. Also before the court is plaintiff’s Motion for Subpoena (#53), asking the court
to subpoena the Assistant United States Attorney concerning ex parte communications with the
court concerning “how she should file a notice [of] conforming exhibits.” Such request is frivolous
as this court, while fielding procedural questions, does not advise parties on substantive matters.
Indeed, this court was actually surprised by the volume of the government’s filing; however, such
filing did meet the basics for admissibility as the “best evidence” drawn from business records
kept by a government agency. Petitioner is again advised that he should now concentrate his
efforts on his Reply.
ORDER
IT IS, THEREFORE, ORDERED that petitioner’s Motion to Reconsider this Court’s
Finding that the Government’s Late Submission Was Excusable Neglect, as Well as This Court’s

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Finding that Exhibit 1A Was Admissible (#54) and petitioner’s Motion for Subpoena (#53) are
DENIED.
Signed: January 5, 2016

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