Liverman, et al v. Liverman et al

Filing 55

JUDGMENT in favor of NC State Bureau of Investigation, Al Summerlin, Darryl Liverman, Jason Godfrey, Karen Simmons against Marcus Forehand, Sabrina Harrison Liverman: IT IS ORDERED, ADJUDGED AND DECREED that plaintiffs counsel filed a motion to with draw was granted by this court on April 27, 2018. Plaintiffs have not filed a notice of self-representation nor cause new counsel to file a notice of appearance. They have not requested additional time to do so. Furthermore, on June 5, 2018, the pre trial conference as held. While counsel for the defendants appeared as directed, neither plaintiffs nor any counsel on behalf of plaintiffs appeared. Additionally, plaintiffs made no effort to contact the court or defense counsel as to the same. F ollowing entry of the memorandum and recommendation, plaintiff Marcus Forehand sent to the court a document entitled Objections stating that he and Sabrina Liverman intend to obtain counsel. The document, however, does not attempt to comply with the courts prior orders. Furthermore, the document is only signed by Mr. Forehand. Finally, there is no certificate of service attached to Mr. Forehands filing. The court finds, viewing the totality of the circumstances in this case, that plaintiffs have failed to comply with the courts orders. Therefore, in accordance with the recommendation of the magistrate judge, this matter is dismissed with prejudice. Signed by Peter A. Moore, Jr., Clerk of Court on 8/7/2018. (Lee, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
SABRINA HARRISON and
MARCUS FOREHAND,

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Plaintiffs,
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v.
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DARRYL LIVERMAN,
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individually and in his official
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capacity as Sheriff of Tyrell County, )
DEP. KAREN SIMMONS,
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individually and in her official
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capacity as Deputy of Tyrrell County,)
AL SUMMERLIN and JASON
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GODFREY, individually and in his )
official capacity as SBI agents,
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Defendants.
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)

JUDGMENT
No. 2:17-CV-23-H

Decision by Court.
This case came before the Honorable Malcolm J. Howard, Senior United States District
Judge for consideration.
IT IS ORDERED, ADJUDGED AND DECREED that plaintiffs’ counsel filed a motion to
withdraw was granted by this court on April 27, 2018. Plaintiffs’ have not filed a notice of
self-representation nor cause new counsel to file a notice of appearance. They have not
requested additional time to do so. Furthermore, on June 5, 2018, the pretrial conference
as held. While counsel for the defendants appeared as directed, neither plaintiffs nor any
counsel on behalf of plaintiffs appeared. Additionally, plaintiffs made no effort to contact
the court or defense counsel as to the same. Following entry of the memorandum and
recommendation, plaintiff Marcus Forehand sent to the court a document entitled
Objections stating that he and Sabrina Liverman intend to obtain counsel. The document,
however, does not attempt to comply with the court’s prior orders. Furthermore, the
document is only signed by Mr. Forehand. Finally, there is no certificate of service
attached to Mr. Forehand’s filing.
The court finds, viewing the totality of the circumstances in this case, that plaintiffs’ have
failed to comply with the court’s orders. Therefore, in accordance with the
recommendation of the magistrate judge, this matter is dismissed with prejudice.

This Judgment Filed and Entered on August 7, 2018 with service on:
Sabrina Harrison Liverman (via US Mail at 5067 Newlands Rd., Columbia, NC 27925)
Marcus Forehand (via US Mail at 5067 Newlands Rd., Columbia, NC 27925)
Christopher J. Geis (via CM/ECF Notice of Electronic Filing)
Whitney H. Belich (via CM/ECF Notice of Electronic Filing)
8/7/2018

PETER A. MOORE, JR., CLERK
/s/ Donna Rudd
(By): Donna Rudd, Deputy Clerk