Primus v. Payne

Filing 57

ORDER that within (10) days, Defendant shall notify the Court whether Defendant concedes, through his response to the Court's 54 show cause order, that this matter should be scheduled for trial. Signed by Chief Judge Frank D. Whitney on 10/12/2017. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16-cv-101-FDW
CARL BENNETT PRIMUS, JR.,

)
)
Plaintiff,
)
)
vs.
)
)
FNU PAYNE, Correctional Officer,
)
)
Defendant.
)
__________________________________________)

ORDER

THIS MATTER is before the Court in light of Defendant’s response to this Court’s order
to show cause why the parties have not filed dispositive motions in this action, filed under 42
U.S.C. § 1983, in which pro se Plaintiff brings a claim against Defendant for excessive force in
violation of Plaintiff’s Eighth Amendment rights. See (Doc. No. 54).
Defendant appears to concede, in his response to this Court’s show cause order, that
genuine disputes of fact exist in this action and, thus, this matter should proceed to trial on
Plaintiff’s excessive force claim. Within ten days of this Order, Defendant shall notify the Court
whether Defendant concedes, through his response to the Court’s show cause order, that this matter
should be scheduled for trial.
IT IS SO ORDERED.
Signed: October 12, 2017