Willingham v. City of Asheville NC Mayor Staffs et al

Filing 22

ORDER denying as moot 10 MOTION to Dismiss for Failure to State a Claim , 16 MOTION to Dismiss for Failure to State a Claim . Defendants David Ganitt (County Council), Carol Logan (Ms.), RHA Key Prog rams Health Ser., Noele Tackett (Coordinator High Rise Builder), City of Asheville NC Housing Etab. and City of Asheville NC Mayor Staffs (Mayor Asst. Dir.) dismissed with prejudice from this action. See Order for further instructions. Signed by District Judge Martin Reidinger on 09/12/2015. (Pro se litigant served by US Mail.)(klb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00119-MR-DCK

CHARLES DEAN WILLINGHAM,

)
)
Plaintiff,
)
)
)
vs.
)
)
CITY OF ASHEVILLE NC MAYOR
)
STAFFS, DAVID GANTT, CAROLINE )
LONG, NOELE TACKETT, RHA KEY )
PROGRAMS HEALTH SERVICES,
)
AHOPE STAFFS, CITY OF
)
ASHEVILLE NC HOUSING
)
ESTABLISHMENT, and CAROL
)
LOGAN,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on Defendant David Gantt’s Motion
to Dismiss [Doc. 10]; Defendant RHA Key Programs Health Services’ Motion
to Dismiss [Doc. 16]; and the Plaintiff’s Notice of Dismissal [Doc. 18].
The Plaintiff has filed a notice of dismissal pursuant to Rule
41(a)(1)(A)(i), dismissing with prejudice the following Defendants: City of
Asheville NC Housing Establishment, Noele Tackett, and Carol Logan. [Doc.
18]. In an addendum to his Notice, the Plaintiff also seeks the dismissal of

Defendants City Asheville NC Mayor Staffs, David Gantt, and RHA Key
Programs. [Doc. 18 at 2]. The Plaintiff appears to indicate in this addendum
that it is his intent to dismiss all of the Defendants named in this action with
the exception of AHOPE Staffs. [Id. (“AHOPE is [the] only one [that] stays.”)].
Plaintiff’s Notice of Dismissal, however, does not address Defendant
Caroline Long. In light of this discrepancy, the Court will require the Plaintiff
to advise the Court in writing within fourteen (14) days whether he intended
his Notice of Dismissal to also apply to his claims against Defendant Long.
The Court will further extend Defendant Long’s deadline for answering or
otherwise responding to the Complaint for an additional two weeks (to
October 1, 2015) so that this discrepancy can be clarified prior to her answer
being due.
The one Defendant that the Plaintiff clearly does not intend to dismiss
at this time is AHOPE Staffs (“AHOPE”). AHOPE is a program of Homeward
Bound of Western North Carolina, Inc. (“Homeward Bound”), a 501(c)(3)
non-profit corporation. The Executive Director of Homeward Bound has filed
a “Response to Summons in a Civil Action,” denying all of the allegations set
forth in the Plaintiff’s Complaint. [Doc. 15]. A corporation, however, may not
appear in federal court except through counsel. “It has been the law for the

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better part of two centuries ... that a corporation may appear in federal courts
only through licensed counsel.” Rowland v. California Men’s Colony, 506
U.S. 194, 202 (1993). The Court therefore directs the Defendant AHOPE to
obtain counsel and have counsel enter an appearance in this case within
thirty (30) days of the entry of this Order. The Defendant is hereby warned
that failure to obtain counsel will result in the striking of its “Response” and
the entry of default against it.
IT IS, THEREFORE, ORDERED that:
(1)

Defendants City of Asheville NC Housing Establishment, Noele

Tackett, Carol Logan, Asheville NC Mayor Staffs, David Gantt, and RHA Key
Programs are hereby DISMISSED WITH PREJUDICE from this action:
(2)

The Plaintiff shall advise the Court in writing without fourteen (14)

days of the entry of this Order as to whether it was his intent to dismiss
Defendant Caroline Long from this action;
(3)

Defendant Caroline Long’s deadline for the filing of an answer or

other response to the Complaint is hereby EXTENDED to October 1, 2015;
(4) Defendant David Gantt’s Motion to Dismiss [Doc. 10] and
Defendant RHA Key Programs Health Services’ Motion to Dismiss [Doc. 16]
are DENIED AS MOOT; and

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(5) Defendant AHOPE Staffs shall obtain counsel and have counsel
enter an appearance in this case on its behalf within thirty (30) days of the
entry of this Order. The Defendant is hereby warned that failure to obtain
counsel will result in the striking of its Answer and the entry of default against
it.
IT IS SO ORDERED.

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