Shine v. Charlotte Mecklenburg Police Department

Filing 11

ORDER that Plaintiff shall have fourteen (14) days from the date of this Order in which to either return the filled-out summons forms to the Clerk for service of process on Defendants, or to respond to this Order showing cause for why he has not returned the summons forms to the Clerk for service of process. Signed by Chief Judge Frank D. Whitney on 10/11/2018. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-306-FDW
KERRY ADAM SHINE, JR.,

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Plaintiff,
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vs.
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CHARLOTTE MECKLENBURG POLICE
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DEPARTMENT, et al.,
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Defendants.
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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.
The Complaint passed initial review against Defendants Baswell, Greene, Miranda, and
Amos. The Court ordered Plaintiff to fill out and return summons forms for service of process on
the Defendants on June 12, 2018. (Doc. No. 10). On August 7, 2018, Plaintiff phoned the Clerk’s
office stating that he did not receive the summons forms along with the June 12 Order. The Clerk
re-mailed summons forms to Plaintiff at his address of record. He has not returned the filled-out
summons forms to date.
Plaintiff has failed to comply with the Court’s June 12, 2018, Order and it appears that
Plaintiff may have abandoned this action. Plaintiff shall file, within fourteen (14) days of this
Order, updated summons form as required in the Court’s June 12, 2018, Order, or shall file a
Response to this Order explaining why he has failed to do so. Failure to comply with this Order
will result in dismissal and closure of this action without further notice to Plaintiff.
IT IS, THEREFORE, ORDERED that:
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(1)

Plaintiff shall have fourteen (14) days from the date of this Order in which to
either return the filled-out summons forms to the Clerk for service of process on
Defendants, or to respond to this Order showing cause for why he has not returned
the summons forms to the Clerk for service of process. If Plaintiff fails to respond
to this Order, this action will be dismissed without further notice to Plaintiff.

(2)

The Clerk of Court is instructed to mail to Plaintiff a copy of this Order, the June
12 Order, (Doc. No. 10), and a blank summons forms.

Signed: October 11, 2018

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