Bryant v. Core Contents Restoration, LLC et al

Filing 102

ORDER: The court: (1) DISMISSES the complaint without prejudice; (2) DISMISSES AS MOOT all other motions pending on the docket; and (3) DISSOLVES the injunction it previously entered in this matter. The Clerk of Court is DIRECTED to remit Plainti ff's Federal Rule of Civil Procedure 65(c) security payments to Plaintiff and to thereafter close the case. Signed by Chief US District Judge Richard E. Myers II on 6/3/2021. (Copy of order sent to Cathleen Bryant, 2117 Lenox Street, Jacksonville, NC 28546 via US Mail.) (Waddell, K.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Case No. 7:20-cv-00040-M
CATHLEEN BRYANT,

)
)
)
Plaintiff,
)
V.
)
)
CORE CONTENTS RESTORATION, LLC, )
YVONNE D. McCORMICK, NICOLE S.
)
McCORMICK, KAREN J. KOSS, and
)
ADRIANE B. NULL,
)
)
Defendants. )

ORDER

This matter comes before the court sua sponte. Within the court's May 12, 2021 order, the court
directed Plaintiff to file an amended complaint within ten (10) days of the date of the order's entry along
with a memorandum showing good cause for why she had failed to meet the deadline to file the amended
complaint set forth within the court's prior March 20, 2021 opinion and order. [DE-101 ; see DE-98] The
court made clear within the May 12, 2021 order that, if Plaintiff again failed to timely follow the court' s
instructions, the court would dismiss her lawsuit pursuant to Federal Rule of Civil Procedure 41(b) ("Rule
41 (b )"). [DE-101] Plaintiff again failed to file an amended complaint (or anything else) by the time that
the ten-day window closed last week.
Nevertheless, because Plaintiff is a prose litigant entitled to "special judicial solicitude[,]" Beaudett

v. City of Hampton , 775 F.2d 1274, 1277 (4th Cir. 1985), the court directed the Clerk of Court to call
Plaintiff to inform her that she was required to file an amended complaint, and to tell Plaintiff that she had
twenty-four (24) hours to respond and follow the court's instructions if she wished to proceed with her
lawsuit. The Clerk was unable to contact Plaintiff, but left Plaintiff a voicemail passing along the court's

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instructions. Another week has now passed, the Clerk has not heard from Plaintiff, and no filings have been
made to the docket.
Therefore, because Plaintiff has repeatedly "fail[ ed] to prosecute or to comply with ... a court
order[,]" Rule 41(b), the court: (1) DISMISSES the complaint without prejudice, see Link v. Wabash R.

Co., 370 U.S. 626, 630-32 (1962); (2) DISMISSES AS MOOT all other motions pending on the docket;
and (3) DISSOLVES the injunction it previously entered in this matter. The Clerk of Court is DIRECTED
to remit Plaintiffs Federal Rule of Civil Procedure 65(c) security payments to Plaintiff and to thereafter
close the case.

3 __ day of _ _ __ ~=nff-_JL~
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____~, 2021.

SO ORDERED this the _ _ _

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RICHARD E. MYERS II
CHIEF UNITED STATES DISTRICT WDGE

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