Williams v. Chevron Store 209084

Filing 8

MEMORANDUM OPINION. Signed by Judge Annemarie Carney Axon on 11/18/2022. (KSS)

FILED
2022 Nov-18 PM 12:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BILLY G WILLIAMS,
Plaintiff,
v.
CHEVRON STORE 209084,
Defendant.

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2:22-cv-01353-ACA

MEMORANDUM OPINION
Plaintiff Billy Williams, proceeding pro se, filed this action against “Chevron
Store (209084)” and a fictitious defendant based on a cashier’s actions when
Mr. Williams was purchasing some items. (Doc. 1 at 5). The magistrate judge to
whom the case was referred entered an order requiring Mr. Williams to show cause
why the case should not be dismissed for lack of subject matter jurisdiction. (Doc.
4). When Mr. Williams failed to respond to that order, the magistrate judge entered
a second order to show cause. (Doc. 5). After Mr. Williams again failed to respond,
the magistrate judge reassigned the action, explaining that dismissal was appropriate
for lack of subject matter jurisdiction or, alternatively, failure to prosecute, but that
he could not enter a final order because obtaining the consent of all parties was not
feasible. (Doc. 6).

Having reviewed the record in this case, the court agrees that dismissal is
appropriate for the reasons set out in the magistrate judge’s reassignment order. (See
doc. 6). Accordingly, the court WILL DISMISS this action WITHOUT
PREJUDICE for lack of subject matter jurisdiction or, alternatively, failure to
prosecute.
The court will enter a separate final order consistent with this opinion.
DONE and ORDERED this November 18, 2022.

_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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