McNeill v. Jhonson et al

Filing 19

ORDER granting 18 Motion TO Deem Waiver of Service Filed as Timely as to Alfred Williams. The Court notes that NC DPS has provided several Defendants' full and correct names, which the Clerk of Court is instructed to correct in the record. The Clerk of Court is further instructed to terminate Defendants Horne and Herring as parties to this action. Signed by Chief Judge Frank D. Whitney on 10/29/2018. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-188-FDW
JAMES C. McNEILL,

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Plaintiff,
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vs.
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FNU JHONSON, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Defendant Alfred Williams’ Motion to Deem
Waiver of Service of Summons for Defendant Alfred Williams Timely Filed, (Doc. No. 18).
Defendant Williams explains that he was on military leave at the time the service waivers
were due, the NC DPS designee responsible for obtaining signed waivers inadvertently filed a
waiver for Mr. Williams in the wrong case, and that the failure to timely file the waiver was due
to excusable neglect. (Doc. No. 18). For good cause shown, Defendant Williams’ Motion will be
granted and the service waiver will be accepted as timely filed.
The Court also notes that NC DPS has provided several Defendants’ full and correct names,
which the Clerk of Court shall be instructed to correct in the record. The Clerk of Court will also
be instructed to terminate Defendants Horne and Herring as parties, as the Complaint did not pass
initial review as to these individuals. See (Doc. No. 10).
IT IS, THEREFORE, ORDERED that:
1.

Defendant Williams’ Motion, (Doc. No. 18), is GRANTED.

2.

The Clerk of Court is respectfully instructed to substitute the following parties:
Susan Morrison for “FNU Morrison”

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Cedric Graham for “FNU Graham”
Kariem Lane for “FNU Lane”
Kevin White for “FNU White”
Marquhne Benjamin Johnson for “FNU Johnson”
3.

The Clerk of Court is further instructed to terminate Defendants Horne and Herring
as parties to this action.

Signed: October 29, 2018

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