Winston v. Hendley et al

Filing 10

ORDER re 9 Amended Complaint, that the Plaintiff shall file the missing pages of the Amended Complaint, or a superseding Second Amended Complaint, within twenty-one (21) days of this Order. Should the Plaintiff fail to timely comply, the Court will review the incomplete Amended Complaint [Doc. 9] for frivolity. Signed by Senior Judge Graham Mullen on 3/26/2024. (Pro se litigant served by US Mail.)(mdp)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-312-GCM

JAMES WINSTON,

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Plaintiff,
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vs.
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FNU HENDLEY, et al.,
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Defendants.
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______________________________)

ORDER

THIS MATTER is before the Court sua sponte.
The pro se Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1985, addressing
incidents that allegedly occurred at the Marion Correctional Institution. [Doc. 1]. On February
5, 2024, the Court dismissed the Complaint on initial review and granted the Plaintiff the
opportunity to amend. [Doc. 8]. The Plaintiff filed an Amended Complaint, but pages 3 and 4 of
the Complaint form are missing. [See Doc. 9]. The Plaintiff will be granted 21 days within which
to file the missing pages with the Court, or to file a superseding Second Amended Complaint.
Should the Plaintiff fail to timely comply with this Order, the Court will proceed to review the
incomplete Amended Complaint for frivolity.
IT IS, THEREFORE, ORDERED that the Plaintiff shall file the missing pages of the
Amended Complaint, or a superseding Second Amended Complaint, within twenty-one (21)
days of this Order.
Should the Plaintiff fail to timely comply, the Court will review the incomplete Amended
Complaint [Doc. 9] for frivolity.

IT IS SO ORDERED.
Signed: March 26, 2024

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