Norman v. Brown

Filing 16

ORDER: 1) Plaintiff shall fill out and return summons forms for service of process on Defendants Case and Hollingsworth, within 14 days. Failure to timely comply with this Order will result in the dismissal of this action with out prejudice and without further notice. 2) The Clerk shall direct the USMS to effectuate service on Defendants Case and Hollingsworth upon receipt of the proposed summons. 3) The 12 Request for Waiver of Service and 15 Plaintiff's Response to Notice (NCPLS) are STRICKEN. (Pro se litigant served by US Mail with Order and 2 blank summons. NCDPS served with Order via email.) (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:22-cv-00149-MR

DASHA CLARK NORMAN,

)
)
Plaintiff,
)
)
vs.
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WAYNE BROWN, et al.,
)
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Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The pro se Plaintiff, who is incarcerated in the North Carolina
Department of Public Safety (NCDPS) at the Mountain View Correctional
Institution, filed this civil rights action pursuant to 42 U.S.C. § 1983. The
Amended Complaint passed initial review against Shannon Case, a
Transylvania County Detention Center (TCDC) correctional sergeant, and
Hope Hollingsworth, a TCDC kitchen officer supervisor. [Doc. 11]. The
Court mistakenly ordered the Clerk to commence the procedure for service
waiver with NCDPS for these Defendants, and the Request for Waiver of
Service therefore will be stricken. [Doc. 12]. The Plaintiff’s Response to
Notice (NCPLS) will also be stricken, as the Standing Order in Misc. Case

Case 1:22-cv-00149-MR Document 16 Filed 11/21/22 Page 1 of 3

No. 3:19-mc-00060-FDW applies only to prisoner civil rights actions against
NCDPS employees. [Doc. 15].
The Plaintiff shall fill out and return summons forms for service of
process on Defendants Case and Hollingsworth within fourteen (14) days of
this Order pursuant to Fed. R. Civ. P. 4. Once the Court receives the
completed summons forms, the Clerk shall then direct the USMS to
effectuate service on Defendants Case and Hollingsworth. Failure to timely
comply with this Order will result in the dismissal of this action without
prejudice and without further notice.
IT IS, THEREFORE, ORDERED that:
1. The Plaintiff shall fill out and return summons forms for service of
process on Defendants Case and Hollingsworth, within fourteen (14)
days of this Order. Failure to timely comply with this Order will result
in the dismissal of this action without prejudice and without further
notice.
2. Once the Court receives the completed summons forms, the Clerk
shall then direct the USMS to effectuate service on Defendants Case
and Hollingsworth.
3. The Request for Waiver of Service [Doc. 12] and Plaintiff’s Response
to Notice (NCPLS) [Doc. 15] are STRICKEN.
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Case 1:22-cv-00149-MR Document 16 Filed 11/21/22 Page 2 of 3

The Clerk is respectfully instructed to mail the Plaintiff two blank
summons forms and a copy of this Order, and to deliver an electronic copy
of this Order to NCDPS.
IT IS SO ORDERED.
Signed: November 21, 2022

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