SAWYER v. MATTHEWS

No. 5:15-CV-514-FL.

DONNELL SAWYER, Plaintiff, v. DAVID P. MATTHEWS; JULIE RHOADES; WILLIAM N. RILEY; JAMIE R. KENDALL; PRICE WAICUKAUSKI & RILEY, LLC an Indiana limited liability company; and LIZZY SANTIAGO, Defendants.

United States District Court, E.D. North Carolina, Western Division.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Other Contract
Nature of Suit: 370 Other Fraud
Source: PACER


Attorney(s) appearing for the Case

Donnell Sawyer, Plaintiff, Pro Se.

David P. Matthews, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.

Julie Rhoades, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.

William N. Riley, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.

Jamie R. Kendall, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.

Price Waicukauski & Riley, LLC, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.

Lizzy Santiago, Defendant, represented by Briane Maynard House , Skiles DeTrude, Mary M. Dillon , Ellis & Winters & Emily E. Erixson , Ellis & Winters, LLP.


ORDER

LOUISE W. FLANAGAN, District Judge.

This matter is before the court upon correspondence received from plaintiff requesting various forms of relief. The court received one original and one copy of the correspondence, with each containing different handwritten marks. The court DIRECTS the clerk to file the first page of the original correspondence as a motion to appoint counsel, motion for assistance in referring the case for criminal prosecution, and motion for extension of time. Enclosed with the first page of the correspondence are three letters from a medical provider addressed "to whom it may concern," describing plaintiff's medical condition and opining as to plaintiff's ability to represent himself in litigation. Due to the confidential medical nature of the attachments, the clerk is DIRECTED to file such attachments under seal. The clerk is DIRECTED to file the copy of the correspondence as a further exhibit and sealed exhibit thereto.

With respect to the substance of the instant motions, the court DENIES the motion to refer the case for criminal prosecution, where this court lacks jurisdiction to refer matters brought by a private citizen for criminal prosecution. The court DENIES plaintiff's motion for extension of time, where the court's case management order entered July 24, 2017, sets forth the deadlines and procedural requirements governing this case, and plaintiff has not demonstrated good cause for altering such deadlines and requirements.

Finally, the court DENIES plaintiff's motion for appointment of counsel, for the reasons previously given in order entered December 28, 2016. Plaintiff is DIRECTED to proceed with this matter in accordance with the court's case management order. In the event plaintiff is unable or unwilling to pursue this case as set forth in the court's case management order, the case may be dismissed by plaintiff voluntarily or by the court for failure to prosecute.

SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases