Moore v. Asheville Police Dept. et al

Filing 6

ORDER DISMISSING CASE: This action is dismissed without prejudice. The Clerk is instructed to terminate this action. Signed by Chief Judge Martin Reidinger on 2/5/2024. (Pro se litigant served by US Mail.) (cly)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00287-MR
CHRISTOPHER MOORE,

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Plaintiff,
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vs.
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ASHEVILLE POLICE DEPT., et al.,
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Defendant.
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________________________________ )

ORDER

THIS MATTER is before the Court on review of the docket in this
matter.
Pro se Plaintiff Christopher Moore (“Plaintiff”) filed this action on
October 6, 2023, pursuant to 42 U.S.C. § 1983 against Defendants Asheville
Police Department and City of Asheville. [Doc. 1]. The Court conducted
initial review of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2).
[Doc. 5]. The Court found that Plaintiff failed to state a claim upon which
relief can be granted and allowed Plaintiff thirty (30) days from December 21,
2023, to amend his Complaint in accordance with the terms of the Court’s
Order. [Id. at 6-7]. The Court advised Plaintiff that if he failed to timely file
an amended Complaint, this action would be dismissed without prejudice
and without further notice to Plaintiff. [Id.].

More than 30 days have passed, and Plaintiff has not filed an
amended Complaint. The Court will, therefore, dismiss this action without
prejudice.
ORDER
IT IS, THEREFORE, ORDERED that this action is dismissed without
prejudice.
The Clerk is instructed to terminate this action.
IT IS SO ORDERED.
Signed: February 5, 2024

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