Word v. Crossroad Charter High School et al

Filing 61

ORDER Dismissing Defendant Darrell Johnson without prejudice for failure to prosecute.. Signed by Chief Judge Frank D. Whitney on 3/27/17. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00542-FDW-DSC
SHAWNTE R. WORD,

)
)
Plaintiff,
)
)
vs.
)
)
CROSSROADS
CHARTER
HIGH )
SCHOOL BOARD OF DIRECTORS, et al., )
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court sua sponte regarding the status of the case. This
Court Ordered Plaintiff to show cause why the amended complaint against Defendant Darrell
Johnson should not be dismissed for failure to prosecute (Doc. No. 60). Plaintiff did not respond
and the time for doing so has long expired. For the reasons set forth below, Defendant’s complaint
against Defendant Darrell Johnson is DISMISSED without prejudice.
As described in the Court’s Show Cause Order (Doc. No. 60), Defendant Johnson has not
filed an answer to Plaintiff’s Amended Complaint, and Plaintiff has failed to move for an entry of
default under Rule 55(a) of the Federal Rules of Civil Procedure. Since Plaintiff has taken no
action with respect to this case following Defendant Johnson’s failure to answer and following the
Court’s Show Cause Order, this Court finds Plaintiff has failed to prosecute her case against
Defendant Johnson. Accordingly, Defendant Johnson is DISMISSED and the Clerk is respectfully
DIRECTED to TERMINATE Defendant Johnson from the case. Now that joinder of the issues
has occurred, the Court respectfully DIRECTS the Clerk to issue Plaintiff Word a Notice of
Availability of Pro Se Settlement Assistance Program.
IT IS SO ORDERED.
Signed: March 27, 2017