Harding v. Schetter et al
ORDER that Clerk of Court shall commence the procedure for waiver of service as set forth in Local Civil Rule 4.3 for Defendants Schetter and Moody, who are alleged to be current or former employees of NCDPS. Signed by Chief Judge Martin Reidinger on 04/26/2021. (Pro se litigant served by US Mail.) (hms)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
FNU SCHETTER, et al.,
THIS MATTER is before the Court on review of the docket in this
Pro se Plaintiff Keith Harding (“Plaintiff”) is a prisoner of the State of
North Carolina, currently incarcerated at Bertie Correctional Institution in
Windsor, North Carolina. Plaintiff filed this action on November 24, 2020,
pursuant to 42 U.S.C. § 1983, naming FNU Schetter and FNU Moody, both
identified as employees of Marion Correctional Institution, as Defendants in
this matter. [Doc. 1].
On March 10, 2021, this Court conducted its initial review of Plaintiff’s
Complaint. [Doc. 9]. On initial review the Court allowed Plaintiff’s Eighth
Amendment claims against both Defendants in their individual capacities to
proceed. [Id.]. The Court, however, found that Plaintiff failed to state a claim
under the Fourteenth Amendment and for medical malpractice and allowed
Plaintiff 30 days to amend his Complaint. [Id.]. The Court ordered that if
Plaintiff failed to so amend his Complaint the matter would proceed against
Defendants Schetter and Moody on Plaintiff’s Eighth Amendment claims
only. [Id. at 10-11]. Over 30 days have passed, and Plaintiff has not filed an
amended complaint. As such, the Court will order that this matter proceed
on Plaintiff’s original Complaint.
This Court recently enacted Local Rule 4.3, which sets forth a
procedure to waive service of process for current and former employees of
the North Carolina Department of Public Safety (“NCDPS”) in actions filed
by North Carolina State prisoners. In light of the Court’s determination that
this case passes initial review in accordance with the Court’s Order [Doc. 9],
the Court will order the Clerk of Court to commence the procedure for waiver
of service as set forth in Local Civil Rule 4.3 for Defendants Schetter and
Moody, who are alleged to be current or former employees of the NCDPS.
IT IS, THEREFORE, ORDERED that Clerk of Court shall commence
the procedure for waiver of service as set forth in Local Civil Rule 4.3 for
Defendants Schetter and Moody, who are alleged to be current or former
employees of NCDPS.
IT IS SO ORDERED.
Signed: April 26, 2021
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