EDWARDS v. ORANGE COUNTY JAIL SHERIFF'S DEPARTMENT et al

Filing 38

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 9/28/2016; that Defendants' Motion to Set Aside Default (Doc. 18 ) is GRANTED and that the Clerk's Entry of Default (Doc. 15 ) is set aside. Defendants shall have a period of 20 days within which to file an answer. Plaintiff is HEREBY CAUTIONED that he will be permitted an additional ten days to complete and return a new Declaration and Request to Proceed In Forma Pauperis, to and including October 7, 2016. Failure to do so will result in dismissal. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
LELAND K. EDWARDS,
Plaintiff,
v.
ORANGE COUNTY JAIL SHERIFF’S
DEPARTMENT, et al.,
Defendant(s).

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1:15CV91

ORDER
On August 19, 2016, the United States Magistrate Judge’s
Order and Recommendation was filed and notice was served on the
parties pursuant to 28 U.S.C. § 636. (Docs. 36, 37.) In the
Recommendation, the Magistrate Judge directed the Clerk’s Office
to mail to Plaintiff a new Declaration and Request to Proceed In
Forma Pauperis form for him to complete and return. Plaintiff
was also forewarned that failure to complete and return the form
on or before September 19, 2016, would result in dismissal of
this action. Plaintiff filed no objections within the time
limits prescribed by Section 636. Also, Plaintiff has to this
date neither complied with the Order nor shown good cause for
his failure to complete and return the request to proceed IFP.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted. Plaintiff

is HEREBY CAUTIONED that he will be permitted an additional ten
days to complete and return a new Declaration and Request to
Proceed In Forma Pauperis, to and including October 7, 2016.
Failure to do so will result in dismissal.
IT IS THEREFORE ORDERED that Defendants’ Motion to Set
Aside Default (Doc. 18) is GRANTED and that the Clerk’s Entry of
Default (Doc. 15) is set aside. Defendants shall have a period
of 20 days within which to file an answer.
This the 28th day of September, 2016.

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United States District Judge

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