Goodson v. Sharp et al

Filing 26

ORDER, that within 20 days from service of this Order, Plaintiff must submit to the Court a completed summons form for Defendant Cable. Plaintiff is hereby warned that his failure to submit a completed summons form for Defenda nt Cable within 20 days will result in dismissal of Defendant Cable without prejudice for failure to comply with an Order of this Court and for failure to prosecute. Signed by Chief Judge Frank D. Whitney on 1/4/2017. (Pro se litigant served by US Mail.)(nvc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:16-cv-106-FDW DEREK SHANE GOODSON, ) ) Plaintiff, ) ) vs. ) ) LT. FNU SHARP, et al., ) ) Defendants. ) ___________________________________ ) ORDER THIS MATTER is before the Court on its own motion following Plaintiff’s failure to submit a summons form to the Court for service on Defendant Edward Cable by the U.S. Marshal. See (Doc. Entry dated Oct. 21, 2016). All other Defendants in this matter have been served, and the parties are engaged in discovery pursuant to this Court’s scheduling order. (Doc. No. 25). IT IS THEREFORE ORDERED that, within 20 days from service of this Order, Plaintiff must submit to the Court a completed summons form for Defendant Cable. In accordance with this Order, the Court respectfully instructs the Clerk to mail Plaintiff a summons form for Plaintiff to fill out and return to the Court for service by the U.S. Marshal. If Plaintiff does not fill out and return a summons form for Defendant Cable, the Court will assume Plaintiff does not intend to prosecute this action against Defendant Cable. Plaintiff is hereby warned that his failure to submit a completed summons form for Defendant Cable within 20 days will result in dismissal of Defendant Cable without prejudice for failure to comply with an Order of this Court and for failure to prosecute. Signed: January 4, 2017 1

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