Anderson v. The State of North Carolina et al
Filing
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ORDER stating the Plaintiff shall have 30 days in which to file a Second Amended Complaint in accordance with the terms of this Order. If the Plaintiff fails to so amend his Complaint, the matter will be dismissed. (Amended Pleadings due by 11/22/2024.) Signed by Chief Judge Martin Reidinger on 10/22/2024.(Pro se litigant served by US Mail.) (smm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00034-MR-WCM
ANDREW D. ANDERSON,
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Plaintiff,
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vs.
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THE STATE OF NORTH CAROLINA, )
et al.,
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Defendants.
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_______________________________ )
ORDER
THIS MATTER is before the Court sua sponte.
On February 2, 2024, the pro se Plaintiff Andrew D. Anderson filed this
action against a number of Defendants, including the State of North Carolina,
the Governor of North Carolina, various judicial officials, prosecutors, law
enforcement officials, attorneys, and other individuals, asserting numerous
federal and state law claims.
[Doc. 1]. The Plaintiff filed an Amended
Complaint on February 29, 2024. [Doc. 4].
In an Order entered March 18, 2024, the Court determined that the
Plaintiff’s Amended Complaint failed initial review and therefore dismissed it
without prejudice. [Doc. 5]. The Plaintiff was allowed thirty (30) days to file
a Second Amended Complaint to properly state a claim upon which relief can
be granted. [Id.]. The Plaintiff was warned that if he failed to timely amend
his Complaint in accordance with this Order, the Court would dismiss and
terminate this action. [Id.]. Instead of filing a Second Amended Complaint,
however, the Plaintiff appealed the Court’s Order to the United States Court
of Appeals for the Fourth Circuit on March 18, 2024. [Doc. 5]. On August
29, 2024, the Court of Appeals affirmed this Court’s decision. [Doc. 9]. The
Plaintiff’s motion for rehearing and rehearing en banc was denied on
September 24, 2024. [Doc. 11]. The Court of Appeals’ mandate issued on
October 2, 2024. [Doc. 12].
With the appeal having been resolved, the Court will grant the Plaintiff
another opportunity to file a Second Amended Complaint, if he so chooses.
Any amended complaint will be subject to all timeliness and procedural
requirements and will supersede his prior Complaint.
Piecemeal
amendment will not be permitted. The Plaintiff is further cautioned against
combining multiple causes of action against multiple defendants in one
Complaint and should instead separate his unrelated causes of actions
where appropriate. Should the Plaintiff fail to timely amend a Second
Amended Complaint in accordance with this Order, the Court will dismiss
and terminate this action.
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IT IS, THEREFORE, ORDERED that the Plaintiff shall have thirty (30)
days in which to file a Second Amended Complaint in accordance with the
terms of this Order. If the Plaintiff fails to so amend his Complaint, the
matter will be dismissed.
IT IS SO ORDERED.
Signed: October 22, 2024
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