Michelson v. Wellpath et al

Filing 20

ORDER that the Plaintiff shall have 10 days from the date of this Order in which to return the completed summons form to the Court. If the Plaintiff fails to do so, this case will be dismissed without prejudice and closed with out further notice. The Clerk is respectfully instructed to mail the Plaintiff a blank summons form along with a copy of this Order. ( Summons due by 9/20/2021). Signed by Chief Judge Martin Reidinger on 9/9/2021. (Pro se litigant served by US Mail.) (hms)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:20-cv-00155-MR

CHRISTOPHER LEE MICHELSON,

)
)
Plaintiff,
)
)
vs.
)
)
WELLPATH, et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The pro se Plaintiff filed this action pursuant to 42 U.S.C. § 1983 while
he was a pretrial detainee at the Buncombe County Detention Facility.1 [Doc.
1]. The Amended Complaint passed initial review on a claim of deliberate
indifference to a serious medical need against Defendant Colby Dodd. [See
Doc. 19]. On August 2, 2021, the Plaintiff was instructed to fill out and return
a summons form so that Defendant Dodd could be served. [Id.]. More than
a month has elapsed and the Plaintiff has not returned the completed
summons form.

1

The Plaintiff is no longer incarcerated.

Case 1:20-cv-00155-MR Document 20 Filed 09/09/21 Page 1 of 2

It appears that the Plaintiff may have abandoned this action. The
Plaintiff shall, within ten (10) days of this Order, return the completed
summons form to the Court so that Defendant Dodd may be served. Failure
to comply with this Order will result in dismissal of this action without
prejudice and this case’s closure without further notice.
IT IS, THEREFORE, ORDERED that the Plaintiff shall have ten (10)
days from the date of this Order in which to return the completed summons
form to the Court. If the Plaintiff fails to do so, this case will be dismissed
without prejudice and closed without further notice.
The Clerk is respectfully instructed to mail the Plaintiff a blank
summons form along with a copy of this Order.
IT IS SO ORDERED.

2
Case 1:20-cv-00155-MR Document 20 Filed 09/09/21 Page 2 of 2