KNOWLIN v. CREDIT MANAGEMENT

Filing 25

ORDER signed by JUDGE CATHERINE C. EAGLES on 12/21/2017 adopting the Magistrate Judge's Text Recommendation; that the oral motion to dismiss is DENIED without prejudice to a written motion. The plaintiff is advised and warned that failure to respond to any such written motion may result in dismissal without further notice. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
HASSIE-DEMOND; KNOWLIN,
Plaintiff,
v.
CREDIT MANAGEMENT,
Defendant.

)
)
)
)
)
)
)
)
)

1:17-CV-381

ORDER
The Magistrate Judge has recommended that the defendant’s oral motion to
dismiss for failure to prosecute, made at the Initial Pretrial Conference after the plaintiff
failed to respond to communications from defense counsel and failed to appear for the
Conference, should be denied without prejudice. No objections were filed. The Court
adopts this Recommendation and the oral motion to dismiss is DENIED without
prejudice to a written motion. The plaintiff is advised and warned that failure to respond
to any such written motion may result in dismissal without further notice. See generally,
Hillig v. Comm’r of Internal Revenue, 916 F. 2d 171, 174 (4th Cir. 1990) (setting forth
considerations relevant to determination of a motion to dismiss for failure to prosecute).
The plaintiff is reminded that it is his obligation to keep the Clerk and defense
counsel informed of his current address and to promptly file any change of address.
SO ORDERED, this the 21st day of December, 2017.

__________________________________
UNITED STATES DISTRICT JUDGE