McClamrock v. Iredell County Jail

Filing 10

ORDER that this action is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the Clerk of Court is directed to terminate this action. Signed by Chief Judge Martin Reidinger on 7/29/2022. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL CASE NO. 5:22-cv-00083-MR

VON LEE MCCLAMROCK,

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Plaintiff,
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vs.
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IREDELL COUNTY JAIL,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The pro se Plaintiff filed this civil rights action in the U.S. District Court
for the Middle District of North Carolina. [Docs. 5-6]. That Court temporarily
granted the Plaintiff’s Application for leave to proceed in forma pauperis
solely for the purpose of recommending that the action be transferred to this
Court, and transferred the case on June 22, 2022. [Docs. 3, 6]. On July 5,
2022, this Court denied the IFP Application and ordered the Plaintiff to pay
the filing fee or to file an Amended IFP Application within 14 days. [Doc. 9].
The Plaintiff was cautioned that, “if [he] fails to timely comply with this Order,
this action will be dismissed without prejudice and without further notice.” [Id.
at 3-4].

The Plaintiff has failed to file an Amended IFP Application or pay the
filing fee, and the time to do so has expired. The Plaintiff appears to have
abandoned this action, and the Court is unable to proceed. This case will
therefore be dismissed without prejudice. See Fed. R. Civ. P. 41(b) (“If the
plaintiff fails to prosecute or to comply with these rules or a court order, a
defendant may move to dismiss the action or any claim against it.”); Link v.
Wabash R.R. Co., 370 U.S. 626, 630-33 (1962) (although Rule 41(b) does
not expressly provide for sua sponte dismissal, Rule 41(b) does not imply
any such restriction and a court has the inherent power to dismiss a case for
lack of prosecution or violation of a court order).
IT IS, THEREFORE, ORDERED that this action is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court is directed to
terminate this action.
IT IS SO ORDERED.

Signed: July 29, 2022

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