Opinion
1:23-cv-00287-MR
02-05-2024
ORDER
MARTIN REIDINGER CHIEF UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on review of the docket in this matter.
Pro se Plaintiff Christopher Moore (“Plaintiff”) filed this action on October 6, 2023, pursuant to 42 U.S.C. § 1983 against Defendants Asheville Police Department and City of Asheville. [Doc. 1]. The Court conducted initial review of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2). [Doc. 5]. The Court found that Plaintiff failed to state a claim upon which relief can be granted and allowed Plaintiff thirty (30) days from December 21, 2023, to amend his Complaint in accordance with the terms of the Court's Order. [Id. at 6-7]. The Court advised Plaintiff that if he failed to timely file an amended Complaint, this action would be dismissed without prejudice and without further notice to Plaintiff. [Id.].
More than 30 days have passed, and Plaintiff has not filed an amended Complaint. The Court will, therefore, dismiss this action without prejudice.
ORDER
IT IS, THEREFORE, ORDERED that this action is dismissed without prejudice.
The Clerk is instructed to terminate this action.
IT IS SO ORDERED.