McClary v. Searles

Filing 14

ORDER The Clerk of this Court is instructed to mail three summons forms to Plaintiff to be returned to the Clerk for processing. Plaintiff shall then have twenty days (20) from service of the summons in which to return the summons forms to the Court. Signed by Chief Judge Frank D. Whitney on 7/20/2015. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-77-FDW
RONALD MCCLARY,

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Plaintiff,
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vs.
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ANTHONY SEARLES,
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Defendant.
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___________________________________ )

ORDER

THIS MATTER is before the Court on a periodic status review of Plaintiff’s action filed
pursuant to 42 U.S.C. § 1983, on February 18, 2015. On May 13, 2015, this Court entered an
Order directing service of process on Defendant Searles. (Doc. No. 10). There is no notation on
the docket report indicating whether the Clerk’s office mailed summonses forms to Plaintiff to be
returned to the Clerk for processing. Plaintiff has not returned any summons forms to the Clerk
for service of process by the U.S. Marshal. Moreover, on June 2, 2015, Plaintiff filed an Amended
Complaint purporting to add two Defendants. (Doc. No. 12). The Clerk of this Court is
respectfully instructed to mail three summons forms to Plaintiff to be returned to the Clerk for
processing and note as such on the Court’s docket report. Plaintiff shall then have twenty days
from service of the summons in which to return the summons forms to the Court. If Plaintiff does
not return the summons forms to the Court within the time period allotted, this matter will be
dismissed without prejudice and without further notice to Plaintiff.
IT IS, THEREFORE, ORDERED that:
The Clerk of this Court is instructed to mail three summons forms to Plaintiff to be returned
to the Clerk for processing and note as such on the docket report. Plaintiff shall then have twenty

days from service of the summons in which to return the summons forms to the Court. If Plaintiff
does not return the summons forms to the Court within the time period allotted, this matter will be
dismissed without prejudice and without further notice to Plaintiff.
The Clerk is further respectfully instructed to mail Plaintiff another Section 1983 form in
accordance with his request in his filing of the Amended Complaint on June 2, 2015.