Fluker v. Genuine Parts Company et al

Filing 7

ORDER, Defendant Alvin Hill is Dismissed.. Signed by District Judge Robert J. Conrad, Jr on 4/22/16. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00171-RJC-DCK
JESSIE FLUKER,

)
)
Plaintiff,
)
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v.
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GENUINE PARTS COMPANY d/b/a
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NAPA AUTO PARTS and ALVIN
)
HILL,
)
)
Defendants.
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____________________________________ )

ORDER

THIS MATTER comes before the Court sua sponte. Plaintiff filed his Complaint in this
matter on April 17, 2015, (Doc. No. 1), and the Clerk of Court issued the summonses on April
20, 2015, (Doc. No. 4). Defendant Genuine Parts Company d/b/a NAPA Auto Parts filed its
Answer to the Complaint on July 30, 2015. (Doc. No. 5). It appears, however, that Plaintiff has
failed to serve the Complaint in this action upon Defendant Alvin Hill. The Court issued an
Order directing Plaintiff to perfect service of his Complaint on Defendant Alvin Hill by October
15, 2015, or provide good cause for his failure to do so. (Doc. No. 6). Plaintiff was warned that
failure to perfect service on Defendant Alvin Hill would likely result in that defendant being
dismissed from the case. (Id.).
A review of the docket in this matter reveals that Plaintiff has neither responded to the
Court’s Order nor provided any evidence that he has perfected service upon Alvin Hill.
Accordingly, Alvin Hill shall be dismissed from this case without prejudice.

IT IS, THEREFORE, ORDERED that Defendant Alvin Hill is DISMISSED from the
case without prejudice.
Signed: April 22, 2016