Waskey v. Leslie et al

Filing 4

ORDER: PlaintiffsComplaint fails to allege a plausible disability discrimination claim. Plaintiffs Complaint is herebyDISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Martin Reidinger on 9/9/2021. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00189-MR-WCM

JILL N. WASKEY,

)
)
Plaintiff,
)
)
vs.
)
)
MONICA H. LESLIE and FAMILY
)
COURT OF HAYWARD COUNTY,
)
NORTH CAROLINA,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The Plaintiff initiated this action on July 22, 2021. [Doc. 1]. Along with
her Complaint, the Plaintiff moved to proceed without the prepayment of fees
and costs.

[Doc. 2].

On July 28, 2021, the Court entered an Order,

concluding that the Complaint was subject to dismissal pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure. [Doc. 3 at 6-7]. The Court
further found that the Plaintiff had adequate resources with which to pay the
required filing fee. [Id. at 7]. The Court gave the Plaintiff thirty (30) days to
pay the required filing fee and to file an amended complaint addressing the
deficiencies identified in the Court’s Order. [Id. at 7-8]. The Plaintiff was
specifically warned that failure to file an amended complaint or to pay the

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required filing fee would result in the dismissal of this action without
prejudice. [Id.].
More than thirty (30) days has passed since the entry of the Court’s
Order, and the Plaintiff has failed to pay the required filing fee or to amend
her Complaint. As the Court previously noted [Doc. 3 at 4], the Plaintiff’s
Complaint fails to allege a plausible disability discrimination claim.
Accordingly, the Plaintiff’s Complaint is hereby dismissed without prejudice.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Complaint is hereby
DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is respectfully directed to close this civil action.
IT IS SO ORDERED.
Signed: September 9, 2021

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