Greene v. Mullis et al

Filing 120

ORDER granting Plaintiff's 115 Motion to Enforce Subpoena Duces Tecum. Signed by Magistrate Judge David S. Cayer on 2/7/2023. (Pro se litigant served by US Mail.)(nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00638-RJC-DSC

MICHAEL LEE GREENE,
Plaintiff,
v.
KEVIN R. MULLIS et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court on pro se Plaintiff’s “Motion to Enforce Subpoena
Duces Tecum” (document #115). Plaintiff seeks to compel Anson County District Attorney Reese
Saunders to respond to a Subpoena Duces Tecum. Although Saunders responded to the Subpoena
through the NCAOC General Counsel’s office, he has not responded to this Motion and the time
for filing a response has expired.
For the reasons stated therein, the Motion is GRANTED as set forth below. It is apparent
that responsive documents may include confidential information and/or information within the
attorney-client and/or work product privileges. Accordingly, the Court will allow Saunders to
submit a proposed protective order and serve a privilege log.
NOW THEREFORE IT IS ORDERED that:
1. Plaintiff’s “Motion to Enforce Subpoena Duces Tecum” (document #115) is
GRANTED. Within twenty-one days of this Order, Anson County District Attorney
Reese Saunders shall serve complete responses to Plaintiff’s Subpoena Duces Tecum.
To the extent he wishes to claim attorney-client and/or work product privileges, he may

serve a privilege log. To the extent he contends that responsive information is
confidential and protected from public disclosure, he may file a motion for entry of
protective order along with a proposed protective order. The motion and proposed
order must be submitted within fourteen days of this Order.
2. The Clerk is directed to send copies of this Order to Anson County District Attorney
Reese Saunders and to Corrine Lusic, Deputy Legal Counsel, NCAOC Office of
General Counsel, P.O. Box 2448, Raleigh, North Carolina 27602.
3. The Clerk is also directed to send copies of this Order to the pro se parties, to counsel
for Defendant Town of Lilesville and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: February 7, 2023