Word v. Charlotte Mecklenburg Schools et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:25-CV-00143-KDB-DCK
SHAWNTE R. WORD,
Plaintiff,
v. MEMORANDUM AND
ORDER
CHARLOTTE MECKLENBURG
SCHOOLS, STEVEN ESPOSITO,
DANIEL SHANE GRAY, AND
KAZ MUHAMMAD,
Defendants.
THIS MATTER is before the Court on Defendants’ Motion to Dismiss (Doc. No. 14)
Plaintiff’s Complaint for lack of service and prosecution. The pro se Plaintiff filed this civil action
on February 26, 2025. Doc. No. 1. The Court subsequently granted Plaintiff two extensions of time
to effect service, on July 3, 2025, and September 11, 2025. Doc. Nos. 7, 11. On October 9, 2025,
the Court denied Defendant Gray’s Motion to Dismiss for lack of service and, pursuant to Federal
Rule of Civil Procedure Rule 4(m), afforded Plaintiff twenty-one additional days to serve
Defendant and file proof of service. Doc. No. 13.
On January 9, 2026, Plaintiff was directed to file proof of service or to respond to the
Court’s Notice of Lack of Prosecution (the “Notice”). More than one year after this action was
filed, Plaintiff has still not filed proof of service. Moreover, she has failed to respond to the Court’s
Notice or to Defendants’ Motion to Dismiss and the deadline for doing so has expired.1
1 After Defendants filed their Motion to Dismiss, the Court issued a Roseboro Order to
Plaintiff on February 4, 2026. Doc. No. 15.
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2
In sum, Plaintiff appears to have abandoned this action. Therefore, the action will be
dismissed without prejudice and Defendants’ Motion will be granted. 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.”).
IT IS, THEREFORE, ORDERED that:
1. Defendants’ Motion to Dismiss (Doc. No. 14) is GRANTED; and
2. The Clerk is directed to close this matter in accordance with this Order.
SO ORDERED ADJUDGED AND DECREED.
Signed: April 9, 2026
Case 3:25-cv-00143-KDB-DCK Document 16 Filed 04/09/26 Page 2 of 2