Dalenko v. Stephens et al
Filing
156
ORDER denying 139 Motion to Dismiss for Lack of Prosecution. Signed by Senior Judge James C. Fox on 5/14/2015. Order sent to Carol Dalenko, 1709 Horton Road, Knightdale, NC 27545-8577 via US Mail on 5/15/2015. (Grady, B.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-122-F
CAROL DALENKO,
Plaintiff,
v.
DONALD W. STEPHENS, et al.
Defendants.
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ORDER
This matter is before the court on the Motion for Involuntary Dismissal for Failure to Join
Parties and Failure to Prosecute [DE-139] filed by the "unnamed prison officers and guards"
Defendants. These Defendants argue that because Plaintiff has yet to amend her complaint to
identify the unnamed officers or guards, or failed to join additional parties, this action must be
dismissed for failure to prosecute.
The motion is DENIED. The Honorable Robert B. Jones, Jr., has issued an order [DE-154]
which allows Plaintiff until June 11, 2015, to file a motion to amend the complaint in conformity
with Rule 15 of the Federal Rules of Civil Procedure so as to identify the unnamed Defendants.
There is no basis, therefore, at this time to dismiss Plaintiffs action for failure to prosecute.
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SO ORDERED. This the _Ji day of May, 2015.
ior United States District Judge
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