govinfo:USCOURTS-ncmd-1_22-cv-00416-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
MICHAEL LEWIS WARDLOW, )  
 )  
Plaintiff, )  
 )  
v. ) 1:22-CV-416 
 )  
OFFICER REYES, et al., )  
 )  
Defendants. )  
 
ORDER  
The defendant Officer Reyes filed a motion for summary judgment, Doc. 37, and 
the United States Magistrate Judge recommended that it be granted.  The plaintiff has not 
filed any objections.     
After consideration of the record, the Court hereby adopts the Magistrate Judge’s 
Recommendation to dismiss the claims against Officer Reyes. The case will proceed on 
other claims asserted in the amended complaint, Doc. 54, as limited by the Magistrate 
Judge’s May 1, 2024, Order:  individual capacity fourth-amendment excessive force, 
assault and battery, and intentional infliction of emotional distress claims against Officers 
Coppola, Faw, Hollifield, Vanburen, and Walker.    
In his May 1 Order, the Magistrate Judge ordered the plaintiff to promptly submit 
properly completed summonses to the Clerk.  Doc. 52 at 57.   The plaintiff has not yet 
done so, despite the passage of several weeks.  The plaintiff is reminded of this obligation 
and of his more general obligation to promptly take all necessary steps to accomplish 
proper service of process on these newly added defendants within 90 days of the filing of 
Case 1:22-cv-00416-CCE-LPA     Document 55     Filed 06/26/24     Page 1 of 3
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the amended complaint on May 2, 2024.  See Fed. R. Civ. P. 4(m).  The Court will 
therefore establish a firm deadline.  Failure to submit summons forms to the Clerk by 
July 22, 2024, can result in dismissal of the claims against these newly added defendants 
for failure to comply with a court order, without further notice.  Failure to obtain valid 
service within 90 days of the filing of the amended complaint can result in dismissal of 
these claims without further notice pursuant to Rule 4(m), in the absence of a showing of 
good cause.   
It is ORDERED that: 
1. The defendant Reyes’ motion for summary judgment, Doc. 37, is GRANTED 
and all claims against defendant Reyes are DISMISSED.  
2. The case will proceed on other claims asserted in the amended complaint, Doc. 
54, as limited by the Magistrate Judge’s May 1, 2024, Order:  individual 
capacity fourth-amendment excessive force, assault and battery, and intentional 
infliction of emotional distress claims against Officers Coppola, Faw, 
Hollifield, Vanburen, and Walker.   
3. The plaintiff SHALL submit properly completed summons forms for each new 
defendant to the Clerk no later than July 22, 2024.  The plaintiff is WARNED 
that if he does not submit summons forms to the Clerk by August 1, 2024, for 
any of these new defendants and if he does not show good cause for such 
failure or otherwise seek an extension of time, the claims against any such 
defendants may be dismissed without further notice. 
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4. The plaintiff is further WARNED that if he fails to obtain service on any new 
defendant within the time required by Rule 4(m) and if he does not show good 
cause for such failure or otherwise seek an extension of time, the claims 
against such unserved defendants may be dismissed without further notice. 
This the 26th day of June, 2024. 
 
     ___________________________________ 
        UNITED STATES DISTRICT JUDGE 
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