Brown v. Charlotte Rentals LLC et al

Filing 13

ORDER that Plaintiff has until 6/26/2015 to sign his complaint and properly serve on Defendants with a Certificate of Service.. Signed by Chief Judge Frank D. Whitney on 6/18/2015. (Pro se litigant served by US Mail.)(tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-CV-00043-FDW-DCK
TERRY L. BROWN
Plaintiff,
vs.
CHARLOTTE

RENTALS

LLC

CEDRIC MCCORKLE,
Defendants.

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NOTICE

THIS MATTER is before the Court sua sponte following the filing of Plaintiff’s
Supplement to his Response (Doc. 12).
Defendant’s originally filed a Motion to Dismiss on April 20, 2015 (Doc. No. 8), pursuant
to FRCP 12(b)(1), 12(b)(4), 12(b)(5), and 12(b)(6). The Court has twice since notified Plaintiff of
his opportunity to respond to Defendant’s Motion and/or cure his defective pleadings, and his
burden in so doing. Plaintiff filed the most recent supplement informing the Court that he is
currently in the hospital and is having trouble receiving mail. However, this case is unable to move
forward unless and until Plaintiff cures his defective pleadings.
In accordance with the principles set forth in Roseboro v. Garrison, 528 F.2d 309 (4th Cir.
1975) 1 the Court advises Plaintiff, who is proceeding pro se, that he must sign his complaint.
FRCP 11(a) provides:

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The Fourth Circuit did not hold in Roseboro that such notice is required for motions to dismiss. Rather, the Fourth
Circuit’s discussion in Roseboro regarding notice was directed to summary judgment motions. See Roseboro v.
Garrison, 528 F.2d 309, 310 (4th Cir. 1975) (“We agree with the plaintiff, however, that there is another side to the
coin which requires that the plaintiff be advised of his right to file counter-affidavits or other responsive material and
alerted to the fact that his failure to so respond might result in the entry of summary judgment against him.”); see also

(a) Signature. Every pleading, written motion, and other paper must be signed by
at least one attorney of record in the attorney's name--or by a party personally
if the party is unrepresented. The paper must state the signer's address, e-mail
address, and telephone number. Unless a rule or statute specifically states
otherwise, a pleading need not be verified or accompanied by an affidavit. The
court must strike an unsigned paper unless the omission is promptly corrected
after being called to the attorney's or party's attention.
Fed. R. Civ. P. 11(a).
Plaintiff is hereby notified that it is his burden to show that he complied with the
requirements of Rule 11(a), or to promptly cure the defective pleading. Accordingly, Plaintiff
must promptly sign the complaint and provide the required address, e-mail address, and telephone
number, or he must provide a duplicate copy of the complaint that is signed and includes the
required address, e-mail address, and telephone number. The Court cannot take any further action
regarding Plaintiff’s complaint until these deficiencies are cured.
IT IS THEREFORE ORDERED that Plaintiff has until June 26, 2015 to sign his
complaint. Plaintiff’s cured complaint must be properly served on Defendants and must include a
certificate of service indicating the manner in which Plaintiff served Defendants. Plaintiff’s
failure to cure the defective complaint will result in Plaintiff’s case being dismissed without
prejudice.
The Clerk is respectfully directed to send a copy of this Notice to Plaintiff at 3209 Erskine
Drive, Charlotte, NC 28205.

Signed: June 18, 2015

IT IS SO ORDERED.

Norman v. Taylor, 25 F.3d 1259, 1261 (4th Cir. 1994) (“In Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), this
circuit held that pro se plaintiffs must be advised that their failure to file responsive material when a defendant moves
for summary judgment may well result in entry of summary judgment against them.”). Nevertheless, courts routinely
issue Roseboro notices for motions to dismiss, and the Court does so here.