The above captioned matter was scheduled for hearing on April 4, 1978 at which time it was continued to April 27, 1978 to permit the respondents to locate certain files which were requested by the complainant.  The cases were heard in April 27, 1978 at which time the complainant and respondent appeared and presented evidence and argument on the complaint.

     After consideration of the entire record, the following facts are found:

     1.  The respondents are public agencies within the meaning of §1-18a(a), G.S.

     2.  By letter dated October 15, 1977 the complainant requested three documents from the respondent which issued as a result of an incident involving the complainant and an employee of the respondent department of corrections which the complainant claimed resulted in the issuance of certain reports including a disciplinary report.

     3.  The requested documents were not furnished by the respondent.

     4.  By letter dated November 1, 1977 the complainant filed an appeal with this Commission.

     5.  The respondent department assigned a staff person to investigate the complainant’s allegations.

     6.  No written report was prepared as a result of the incident and there are no documents on file with the respondent department which refer to the aforesaid investigation.

     7.  It is concluded that the documents requested by the complainant do not exist.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:

     1.  The complaint is hereby dismissed.

                                  

Approved by order of the Freedom of Information Commission on May 24, 1978.