Nichols v. Dawkins et al

Filing 10

ORDER re 9 Notice of Voluntary Dismissal filed by Carl G. Nichols, III; directing Plaintiff to file a Notice with the Court within 14 days whether he desires a deadline extension or dismissal of his action. Signed by District Judge Debra M. Brown on 10/15/18. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CARL G. NICHOLS, III

PLAINTIFF

V.

NO. 4:18-CV-108-DMB-DAS

LOTTIE MAE DAWKINS, Individually
and as Trustee for the Mary Jane Nichols
Residuary Trust; and THE MARY JANE
NICHOLS RESIDUARY TRUST

DEFENDANTS

ORDER
On October 1, 2018, Carl G. Nichols filed a “Notice of Dismissal” which asks the Court to
dismiss this action without prejudice. Doc. #9. As grounds for the requested relief, Nichols asserts
that he was unable to “locate the correct addresses of all new defendants to serve timely” and that
he requires “time to amend the case to name all additional parties that now exists.” Id. at 1.
From the text of the filing, it appears Nichols is under the impression that he needs to
dismiss his case to obtain an extension of the service deadline to amend his complaint and serve
new defendants. That is not the case. Accordingly, consistent with this Court’s duty to construe
pro se filings liberally,1 Nichols is DIRECTED to file a notice with this Court, within fourteen
(14) days of the issuance of this order, stating whether he desires an extension of the deadline to
serve his complaint or desires to dismiss his action.
SO ORDERED, this 15th day of October, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

1

Sossamon v. Lone Star State of Texas, 560 F.3d 316, 322 n.3 (5th Cir. 2009).