Beckham v. ADA's

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO. 3:24-cv-00598-MR

DAYSHAWN BECKHAM, ) ) Plaintiff, ) ) VS. ) ) ALL ADAs IN HOMICIDE UNIT OF ) MECKLENBURG COUNTY, et al., ) ORDER ) Defendants. ) a) THIS MATTER is before the Court sua sponte. The pro se Plaintiff filed this civil rights action while he was a pretrial detainee at the Granville Correctional Institution. [Doc. 1]. On October 10, 2024, the Complaint was dismissed on initial review and the Court granted the Plaintiff 30 days in which to amend. [Doc. 8]. The Plaintiff was cautioned that, “[s]hould the Plaintiff fail to timely amend his Complaint in accordance with this Order, the Court will dismiss this action without further notice.” [Id. at 6]. The Plaintiff has not amended his Complaint and the time to do so has expired. It appears that he has abandoned this action and the Court is

unable to proceed.’ Accordingly, this action is 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 SO ORDERED. Signed: November 25, 2024

a i Reidinger Cy Chief United States District Judge “*‘li

' It is unclear whether the Plaintiff has failed to update the Court with his current address. [See Standing Order of Instructions]. While the Plaintiff's address of record is at the Granville Correctional Institution, the State’s website indicates that the Plaintiff's “[c]urrent incarceration record is unavailable at this time.” See https://webapps.doc.state.nc.us/opi/ viewoffender.do?method=view&offenderlD=139447 1&searchOffenderld=1394471 &sear chDOBRange=08&listurl=pagelistoffendersearchresults&listpage=1 (last accessed Nov. 21, 2024); Fed. R. Evid. 201.