STATE of NORTH CAROLINA / in the GENERAL COURT of JUSTICE
COUNTY of NEW HANOVER DISTRICT COURT DIVISION
OLIVER CARTER III
plaintiff
v.
WILLIAM DAWSON GAGE
defendant
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MOTION to COMPEL (N.C.R.C.P. Rule 37(a)(2))
HERE NOW comes the defendant, William Dawson Gage, by and through his counsel Mr. Thomas Goolsby, and otherwise in his own voice and person as author of this motion, with the limited purpose to move this Court for an order to compel plaintiff Oliver Carter III to comply with the Rules of Discovery as they pertain to the lawful artifacts of process which defendant Mr. Gage has served upon the plaintiff; to wit, the several sets of written interrogatories, authored by defendant, for answer of the plaintiff, pursuant to Rule 33 of the NC Rules of Civil Procedure and otherwise according to North Carolina Law.
In support of this “Motion to Compel”, defendant Mr. Gage would show as follows:
A) That the conduct of Civil Procedure may not be lawfully restrained, abridged, or otherwise interfered with by governmental force, whether by the powers of police in the form of “law enforcement”, or the power of prosecution in the persons of attorneys for the State.
B) That plaintiff Oliver Carter III and counsel William Boney have engaged in a protracted and deliberate effort over the course of several years to unlawfully restrain and menace defendant Dawson Gage in his pursuit of justice and right, conspiring with attorneys of the 6th prosecutorial district and the NC Department of Justice, as well as officers of the New Hanover County Sheriff’s Office and employees of the NC Department of Health and Human Services, to effect the interdiction and censorship of defendant’s US Mail.
C) That the unrestricted use of the United States Mail is an inviolable and inalienable human right guaranteed by Constitutional and International Law, and that the NC Rules of Civil Procedure and the common law alike assume that open and free communication between parties in civil proceedings be permitted and not circumscribed.
D) That the proper reckoning and adjudication of plaintiff Mr. Carter’s successive allegations of civil wrongdoing (“unlawful conduct” as defined in NCGS Chapter 50C) has been frustrated, postponed, and obstructed by plaintiff and his counsel through corrupt and abusive resort to the apparatus of the criminal law, that is, the unholy trinity of “wrongful arrest”, “false imprisonment”, and “malicious prosecution”.
E) That plaintiff Mr. Carter is a member and participant in an unconstitutional “secret political society” as defined in NCGS 14-12.2(2) and proscribed by Article I, Sec. 12 of the Constitution of North Carolina.
F) That Mr. Carter and his co-conspirators were responsible for the FIVE separate acts of ATTEMPTED MURDER in the First Degree carried out with their knowledge and consent by Marion Timothy Joyner from 29 September 2019 to 6 February 2020 in the jurisdictions of the City of Wilmington and of the United States.
G) That notwithstanding his sincere and forthright allegations of civil and criminal wrongdoing against plaintiff Mr. Carter, defendant Mr. Gage has repeatedly attempted to resolve his dispute with the plaintiff through lawful and civilized correspondence in writing, which avowed his desire for amicable and neighborly relations and mutual renunciation of further litigation and conflict.
H) That in response to these lawful efforts to dissuade him from prosecuting this action and from otherwise participating in the aforementioned “secret political society”, plaintiff Mr. Carter has escalated and intensified the nature and scope of his allegations while deliberately avoiding and interfering with defendant’s exercise of the freedoms of speech and press aimed at counteracting his unlawful misconduct and conspiracy.
I) That the provisions of N.C.R.C.P. Rule 33 offer an invaluable and necessary means for defendant Mr. Gage to raise the manifold questions of fact and law occasioned by plaintiff’s allegations in this action, and by the overall scheme and pattern of organized (mis)conduct targeting defendant Mr Gage carried out by plaintiff Mr. Carter in concert with others for a period of more than 6 years.
J) That notwithstanding his unlawful indefinite pretrial detention in Orange County, defendant Mr. Gage was able to compose a set of 7 Rule 33 Interrogatories and serve these on plaintiff via US Mail to his counsel William Boney in April 2023, and that in spite of this lawful method of service and the adequacy as to form of this “discovery process”, plaintiff Mr. Carter has not only failed to answer or object within the 30-day window, but sought to conceal the Interrogatories from defendant’s counsel Mr. Goolsby and from the lawful judicial authorities of this District Court.
K) That the Courts of North Carolina have uniformly held that compliance with Rule 33 is in keeping with fundamental principles of North Carolina law, and that violations of this rule, by contrast, constitute an offense against the adverse party.
L) That plaintiff Mr. Carter and his counsel have demonstrated through their willful disobedience of Rule 33, and otherwise by their generalized misconduct, that they regard defendant Mr. Gage, as well as the District Court itself, with CONTEMPT.
M) That all adversarial proceedings in the General Court of Justice are an appropriate occasion and venue for such disputes and controversies as may obtain between the parties, and that plaintiff Mr. Carter in this action has raised a plethora of questions, of fact as well as law, which the ends of justice require to be settled, either in the instant case or else in some future action.
N) That defendant Mr. Gage, notwithstanding his (understandable) failure to file “responsive pleadings” wishes to assert a variety of counterclaims, and to make a “defense of conspiracy”.
O) That Article I, Sec. 12 of the Constitution of North Carolina declares that “secret political societies are dangerous to the liberties of a free people and shall not be tolerated.”
P) That in light of plaintiff Mr. Carter’s concealment of defendant’s first set of Interrogatories, defendant Mr. Gage opted to serve subsequent discovery processes via US Mail to the Judges of the District Court at 316 Princess Street, and that these artifacts of process are the subject of this “Motion to Compel”.
Q) That compulsory discovery is an essential element of that “due course of law” which is established as the fundamental purpose of this General Court of Justice by Article I, Sec. 18 of the Constitution of North Carolina.
R) That notwithstanding the concerted efforts of plaintiff Mr. Carter to imperialize over the instant case by attempting to delimit and constrain the subject-matter thereof, that defendant Mr. Gage is entitled to discovery concerning the issues and questions raised by his Interrogatories per Rule 33.
Representing and contending thus, defendant William Dawson Gage would move for such orders as the Court may deem proper, including:
- An order to compel the plaintiff Oliver Carter III to answer all three “SETS” of Interrogatories within 45 days of the entry of the order, such order being provided for by N.C.R.C.P. Rule 37(a)(2).
- An order directing plaintiff to preserve and not destroy any and all business and communications records relating to the matters treated in the Interrogatories.
III) An order rewarding reasonable attorney’s fees and expenses such as were incurred by defendant Mr. Gage in the preparation of this motion.
Respectfully submitted this 22 October 2023 via US Mail to:
“Honorable J.H. Corpening, Chief District Court Judge, c/o New Hanover County Courthouse, 316 Princess Street, Wilmington, NC 28401”
SENT FROM :
William Dawson Gage (#288949)
Orange County Detention Center
1200 US 70 West
Hillsborough, NC 27278
William Dawson Gage
513 Orange Street
Wilmington, NC 28401-4609
910-322-5853
dawson@freewilmington.org /
X_______________ =========*=======================
Thomas Goolsby,
*counsel for defendant*
Goolsby Law Firm
212 Walnut Street #100
Wilmington, NC 28401
9102627401 /
X________****_____ *