Wilcox v. Brown et al

Filing 45

ORDER granting in part and denying in part 44 Motion. Plaintiff shall file a Notice within 30 days of this Order informing the Court of his current address and whether or not he intends to prosecute this case. Signed by Senior Judge Graham Mullen on 4/4/2019. (Pro se litigant served by US Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-333-FDW
TORREY F. WILCOX,

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Plaintiff,
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vs.
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BETTY BROWN, et al.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER is before the Court on Defendants Betty Brown, Dwayne Terrell, and
Randy Teague’s Motion for Status Update, (Doc. No. 44).
Plaintiff’s pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 passed initial review
against several employees of the Marion Correctional Institution on claims that his First
Amendment rights were violated when he was deprived of a reasonable opportunity to participate
in group worship services according to his Rastafarian faith during periods of 2013 and 2014.
Plaintiff and Defendants filed Motions for Summary Judgment. Plaintiff’s Motion was denied and
Defendants’ Motion was granted in part and denied in part. The case is ripe for trial.
Defendants note that Plaintiff filed a Notice of Future Change of Address that was docketed
on August 10, 2018, (Doc. No. 38), that he was released from NCDPS custody on August 29,
2018, (Doc. No. 44-1 at 2), and that he has failed to file anything in this case in more than seven
months, which may indicate that he has abandoned this action. Defendants ask that the Court enter
an Order giving Plaintiff 14 days to formally advise the Court of his current address and whether
he intends to prosecute this matter.
Defendants’ Motion will be granted in part and denied in part. Plaintiff will be required to
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inform the Court whether or not he intends to proceed with this case, however, he will be given 30
days to do so, rather than the 14 days requested by Defendants.
IT IS, THEREFORE, ORDERED that Defendants’ Motion, (Doc. No. 44), is
GRANTED in part and DENIED in part. Plaintiff shall file a Notice with the Court within 30
days of this Order informing the Court of his current address and whether or not he intends to
prosecute this case.

Signed: April 4, 2019

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