Abrams v. Dismukes

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00074-MR
LARRY ABRAMS, )
)
Petitioner, )
)
vs. ) ORDER
)
TODD ISHEE, Secretary of the North )
Carolina Department of Adult )
Correction, )
)
Respondent. )
_______________________________ )
THIS MATTER is before the Court sua sponte.
The pro se Petitioner filed this petition pursuant to 28 U.S.C. § 2254
while he was incarcerated at Rutherford Correctional Center. [Doc. 1]. On
March 20, 2024, the Court mailed the Petitioner a Notice of Deficiency
informing him that he must either pay the filing fee or complete an application
to proceed with the prepayment of fee or costs within 21 days. [Doc. 2]. The
Petitioner was cautioned that “[f]ailure to do so may result in the dismissal of
this action without prejudice for failure to prosecute.” [Id.].
The Petitioner has failed to comply with the Notice of Deficiency, and
the time to do so has expired. The Petitioner appears to have abandoned
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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: April 22, 2024
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