Opinion

Casanova v. Pfizer and Affiliates

Court
District Court, W.D. North Carolina
Filed
Jul 1, 2024
Cited by
0 cases
Authority
More cited than 31.5%

holding that, 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

How later courts described this case

  • holding that, 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

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

CIVIL CASE NO. 3:24-cv-00396-MR-DCK

ASHLEY CASANOVA, )

)

Plaintiff, )

)

vs. )

) ORDER

PFIZER, ACTALENT TEMPORARY )

AGENCY, GRAIL INC., PILGRIM )

CHICKEN COMPANY, TYSONS )

FOOD, BERRY GLOBAL, BEST CO., )

GENERAL MOTORS, GLENMARK )

PHARMA, CAPTAIN D’S, KELLY )

SERVICES TEMPORARY AGENCY, )

MARATHON STAFFING TEMPORARY )

AGENCY, NORTH CAROLINA HUMAN )

RELATIONS COMMISSION, UNION )

COUNTY BOARD OF ELECTIONS, )

PLANET FITNESS, QUALITY INN, )

UNION COUNTY, NC, MONROE, NC, )

WENDY’S, LOWES WAREHOUSE, )

DOLLAR CONE ICE CREAM SHOP, )

DOLLAR TREE, NATIONAL GENERAL)

INSURANCE, STATE FARM )

INSURANCE, TURNING POINT FOR )

WOMEN (NC), UNITED STATES )

POSTAL SERVICE, NORTH )

CAROLINA, BEST WESTERN, )

HAMPTON INN, WALMART, BP, )

NASA, INSTAGRAM, MARION )

HOLLOWAY, ROY COOPER, JOE )

BIDEN, UNION COUNTY )

POLICE/SHERIFF AND )

CORRECTIONAL FACILITY, ROBERT )

BURNS, MECKLENBURG COUNTY )

POLICE, CORRECTIONAL FACILITY, )

AND INMATES, MAX O. COGBURN, )

JR., SUSAN C. RODRIQUEZ, UNITED )

NATIONS, FEDERAL GOVERNMENT, )

WAKE COUNTY, NC, PHILLIP )

HUNTER LILES, and JAKE LNU, )

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court sua sponte.

Pro se Plaintiff Ashley Casanova filed this action on April 15, 2024,

alleging various incidents of racial discrimination and other claims against

numerous defendants. [Docs. 1, 4]. In an Order issued on May 15, 2024,

the Complaint was dismissed on initial review pursuant to 28 U.S.C. § 1915.

[Doc. 6]. The Plaintiff was granted 30 days within which to amend her

Complaint, and she was cautioned that the failure to do so would result in

this action’s dismissal without further notice. [Id.].

The Plaintiff has not amended her Complaint, 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) (holding that, 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 1, 2024

Martifi Reidinger ey

Chief United States District Judge MS

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.