Varney v. Mullisk et al

Filing 20

ORDERED, within twenty days of service of this Order, Plaintiff shall notify this Court why he has not returned a summons to the Court so that service can be effectuated on Defendant Bennett. Signed by Chief Judge Frank D. Whitney on 01/21/2015. (Pro se litigant served by US Mail.)(jlk)

DISTRICT COURT OF THE UNITED STATES
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-595-FDW
LOWELL MASON VARNEY,

)
)
Plaintiff,
)
)
vs.
)
)
FNU MULLISK, et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on a periodic status review of this action brought by
pro se Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on October 23, 2013, and
on June 11, 2014, this Court conducted an initial review. (Doc. No. 15). As a result, all
Defendants were terminated except for Defendant Bennett. On June 11, 2014, the Court mailed
to Plaintiff a summons to be completed and returned for service. The docket report does not
indicate that Plaintiff has returned a summons as to Defendant Bennett so that the U.S. Marshal
can effectuate service.
IT IS, THEREFORE, ORDERED that, within twenty days of service of this Order,
Plaintiff shall notify this Court why he has not returned a summons to the Court so that service
can be effectuated on Defendant Bennett. If Plaintiff fails to respond to this Order in a timely
manner, the Court may dismiss this action without prejudice and without further notice based on
Plaintiff’s failure to prosecute this action.
Signed on: January 21, 2015

1