Aiken v. Iredell County Jail Medical et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:26-cv-00038-KDB
LARRY WAYNE AIKEN, )
)
Plaintiff, )
)
vs. ) ORDER
)
IREDELL COUNTY JAIL MEDICAL, )
et al., )
)
Defendants. )
___________________________________ )
THIS MATTER is before the Court on review of the docket in this matter.
Pro se Plaintiff Larry Wayne Aiken (“Plaintiff”) filed this action on February 18, 2026,
pursuant to 42 U.S.C. § 1983. [Doc. 1]. On initial review of Plaintiff’s Complaint, the Court
found that Plaintiff failed to state a claim upon which relief can be granted and allowed Plaintiff
thirty (30) days from April 15, 2026, to amend his Complaint in accordance with the terms of the
Court’s Order. [Doc. 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. at 5]. The Clerk mailed the Court’s initial review Order to the Plaintiff at address of record at
the time at the Iredell County Jail in Statesville, North Carolina. [4/15/2026 (Court Only) Docket
Entry]. On April 21, 2026, Plaintiff filed a Notice of Change of Address, notifying the Court of
his new address at the Pike County Detention Center in Pikeville, Kentucky. [Doc. 8]. The Clerk,
therefore, retransmitted a copy of the Court’s initial review Order to the Plaintiff at his new address
the next day.1 [4/22/2026 (Court Only) Docket Entry].
1 On May 11, 2026, Plaintiff filed a redundant Notice of Change of Address again notifying the Court that
he had been transferred to Pike County Detention Center. [Doc. 10].
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2
Even giving Plaintiff the benefit of the deadline running from the retransmission of the
initial review Order to Plaintiff’s new address, the deadline has passed, and Plaintiff has not filed
an amended complaint. The Court will, therefore, dismiss this action without prejudice.
IT IS, THEREFORE, ORDERED that Plaintiff’s Complaint [Doc. 1] is DISMISSED
without prejudice.
The Clerk is instructed to terminate this action.
IT IS SO ORDERED.
Signed: June 1, 2026
Case 5:26-cv-00038-KDB Document 12 Filed 06/01/26 Page 2 of 2