Joyner et al v. Poole et al

Filing 9

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff Joyner is dismissed from this action for failure to prosecute and plaintiff Everette's complaint is dismissed pursuant to 28 U.S.C. section 1915(e)(2)(B). As plaintiff Everette is cu rrently incarcerated, he is hereby notified that thisdismissal shall serve as a strike for purposes of28 U.S.C. § 1915(g). Altizer v. Deeds, 191 F.3d 540, 544 (4th Cir. 1999) (§ 1915(g) referred to as "three strikes" provision of PLRA). In light of the dismissal, plaintiffs motion for summary judgment [DE 5] is DENIED. Signed by Julie Richards Johnston, Clerk of Court on 3/13/2015. Copy of judgment mailed to plaintiff Joyner via US Mail at 339 NC 111-1225, Tarboro, NC 27886 and to plaintiff Everette via US Mail at Hyde Correctional Institution, P.O. Box 278, Swan Quarter, NC 27885. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

James C. Joyner,
Thomas Everette, Jr.,
Plaintiffs,
v.
James Poole,
Thomas W. King,
Defendants.

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JUDGMENT
No. 4:14-CV-208-BO

Decision by Court.
IT IS ORDERED, ADJUDGED AND DECREED that plaintiff Joyner is dismissed from this
action for failure to prosecute and plaintiff Everette's complaint is dismissed pursuant to 28 U.S.C.
section 1915(e)(2)(B). As plaintiff Everette is currently incarcerated, he is hereby notified that this
dismissal shall serve as a strike for purposes of28 U.S.C. § 1915(g). Altizer v. Deeds, 191 F.3d
540, 544 (4th Cir. 1999) (§ 1915(g) referred to as "three strikes" provision of PLRA). In light of
the dismissal, plaintiff’s motion for summary judgment [DE 5] is DENIED.
This judgment filed and entered on March 13, 2015, and served on:
James C. Joyner (via US Mail at 339 NC 111-1225, Tarboro, NC 27886)
Thomas Everette, Jr. (via US Mail at Hyde Correctional Institution, P.O. Box 278, Swan Quarter,
NC 27885 )

March 13, 2015

/s/ Julie Richards Johnston,
Clerk of Court