USA v. Day

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-CR-00013-MR-WCM
UNITED STATES OF AMERICA )
)
v. ) ORDER
)
PAUL GORDON DAY, )
)
Defendant. )
______________________________________ )
This matter is before the Court on a	
pro se letter submitted by
Defendant. Doc. 83.
A portion of the letter references Defendant’s interest in accessing a
computer, while another brief section could be read as suggesting Defendant is
requesting that his previous detention hearing be re–opened. Doc. 83 at 1–2.
The Court has addressed these issues in response to other recent filings by
Defendant. Doc. 84. Consistent with that ruling, Defendant’s requests
regarding these topics are denied.
Defendant also asks the Court to “look into [his] case’s E-discovery” and
says that “the case may not hold federal jurisdiction.” Doc. 83 at 1. Defendant
states that “PNC’s FDIC certificate is not current” but provides no supporting
authority or other argument about this issue.
Local Criminal Rule 47.1(a) requires that, unless they are made during
a hearing or trial, all motions “must state with particularity the grounds of the
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motion and the relief or order sought.” Defendant’s request does not meet this
standard and therefore will be denied.
Finally, Defendant’s numerous
pro se filings suggest that Defendant
may believe that by writing down short statements or ideas and filing them
with the Clerk, the Court will “look into” matters on his behalf. The
undersigned is prepared to continue to address pretrial issues as appropriate
in this case but reminds Defendant, who has chosen–against the Court’s
recommendation–to represent himself, that he is responsible for defending the
charges he is facing and, in doing so, is expected to comply with the Federal
Rules of Criminal Procedure and the Local Rules of this Court.
Accordingly, the requests in Defendant’s	
pro se letter (Doc. 83) are
DENIED as stated herein.
It is so ordered.
Signed: November 29, 2023
Case 1:23-cr-00013-MR-WCM Document 85 Filed 11/29/23 Page 2 of 2