Benton v. Cliffton et al

Filing 10

ORDER re: Plaintiff's 9 Incomplete Summons. Plaintiff is to fill out summons in accordance with this Order and return to the Court for service by the USM. Plaintiff is hereby warned that his failure to submit a summons form for each of these Defendants within 20 days will result in dismissal of Plaintiff's claims. Signed by Chief Judge Frank D. Whitney on 2/16/2018. (Pro se litigant served by US Mail.)(nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17-cv-97-FDW
CORNELIUS DELANE BENTON,

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)
Plaintiff,
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vs.
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FNU CLIFFTON,
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FNU STREETS,
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Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on its motion following Plaintiff’s return of an
incomplete summons as to Defendant FNU Clifton, in which Plaintiff did not include Clifton’s
address on the summons form. See (Doc. No. 9). Furthermore, Plaintiff does not appear to have
returned a summons for Defendant FNU Streets. The Court instructs the Clerk of this Court to
mail Plaintiff two summons forms for Plaintiff to fill out and return to the Court for service by
the U.S. Marshal.
IT IS THEREFORE ORDERED that,
(1) In accordance with this Order, the Clerk respectfully instructs the Clerk to mail
Plaintiff two summons forms for Plaintiff to fill out in accordance with this Order and
return to the Court for service by the U.S. Marshal.
(2) Within 20 days from service of this Order, Plaintiff must submit to the Court
completed summons forms for Defendants FNU Clifton and FNU Streets. Plaintiff is
hereby warned that his failure to submit a summons form for each of these
Defendants within 20 days will result in dismissal of Plaintiff’s claims against these
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Defendants without prejudice for failure to comply with an Order of this Court and
for failure to prosecute.
IT IS SO ORDERED.
Signed: February 16, 2018

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