Wilson v. Davis et al

Filing 35

ORDER that within 14 days of the entry of this Order, the Plaintiff shall file an appropriate motion or otherwise take further action with respect to this matter. Failure to take any further action will result in the dismissal of this matter for failure to prosecute. Signed by District Judge Martin Reidinger on 5/19/2019. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00252-MR-WCM

LOANN MEEKINS, as Guardian Ad
Litem for T.W.,

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Plaintiff,
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vs.
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SHANE DAVIS and THE CITY OF
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KINGS MOUNTAIN,
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Defendants.
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ORDER

THIS MATTER is before the Court sua sponte.
This action commenced with the filing of a Complaint by T.W., through
her next friend Kristena Wilson. [Doc. 1]. T.W. was 18 years old at the time
but had been diagnosed with autism, anxiety, and narcolepsy. [Id. at ¶¶ 4,
7]. On January 5, 2018, the Magistrate Judge entered an Order requiring
that a guardian ad litem be appointed for T.W. [Doc. 9]. On March 27, 2018,
the Court appointed Loann Meekins (“Meekins”) as guardian ad litem. [Doc.
20].
On October 26, 2018, Meekins filed a motion to stay the proceedings
on the grounds that a petition had been filed in state court to restore T.W.’s

competency. [Doc. 28]. The Court stayed the matter for a period of sixty
(60) days. [See Text-Only Order entered Oct. 26, 2018]. The stay was
subsequently extended upon the motion of the parties. [See Text-Only Order
entered Dec. 5, 2018; Doc. 31].
On March 28, 2019, Meekins filed a status report advising that the
Clerk of Superior Court for Cleveland County had issued an Order allowing
the competency of T.W. to be restored. [Doc. 32]. By a motion filed April
15, 2019, Meekins sought to be released as guardian ad litem in this matter.
[Doc. 33]. On April 16, 2019, the Magistrate Judge denied that motion
without prejudice on the grounds that the motion failed to reflect consultation
with opposing counsel and was not supported by a brief. [Doc. 34].
Since the denial of that motion, Meekins has not renewed her motion,
nor has the Plaintiff appeared to have made any effort to prosecute the action
further against the Defendants.
Accordingly, IT IS, THEREFORE, ORDERED that within fourteen (14)
days of the entry of this Order, the Plaintiff shall file an appropriate motion or
otherwise take further action with respect to this matter. The Plaintiff is
advised that failure to take any further action will result in the dismissal of
this matter for failure to prosecute.

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IT IS SO ORDERED.
Signed: May 19, 2019

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