Blankenship v. Buchanan et al

Filing 14

ORDER DISMISSING CASE without prejudice. Signed by Chief Judge Martin Reidinger on 11/19/2024. (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-00116-MR

EVAN WILLIAM BLANKENSHIP,

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Plaintiff,
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vs.
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RICKY T. BUCHANAN, 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 action pursuant to 42 U.S.C. § 1983 while
he was incarcerated at the McDowell County Jail, awaiting sentencing in this
Court, Case No. 1:23-cr-82-MR-WCM-1.1 [Doc. 1]. On October 4, 2024, the
Amended Complaint was dismissed on initial review and the Court granted
the Plaintiff 30 days in which to amend.2 [Doc. 13]. The Plaintiff was
cautioned that, “[s]hould the Plaintiff fail to timely amend his Complaint in
accordance with this Order, the Court will dismiss this action without further
notice.” [Id. at 7].
1

The Plaintiff has been sentenced and is now incarcerated in the Federal Bureau of
Prisons. [See Doc. 1:23-cr-82, Doc. 33].
2

The Plaintiff amended the Complaint before it had been reviewed for frivolity. [See Doc.
6].

The Plaintiff has not amended his Complaint, and the time to do so has
expired. It appears that he has abandoned this action and the Court is
unable to proceed. Accordingly, this action is dismissed without prejudice.
See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with
these rules or a court order, a defendant may move to dismiss the action or
any claim against it.”); Link v. Wabash R.R. Co., 370 U.S. 626, 630-33 (1962)
(although Rule 41(b) does not expressly provide for sua sponte dismissal,
Rule 41(b) does not imply any such restriction and a court has the inherent
power to dismiss a case for lack of prosecution or violation of a court order).
IT IS, THEREFORE, ORDERED that this action is DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: November 19, 2024

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