Byrnside v. Griffin et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-319-RJC
AUSTIN AMOS BYRNSIDE, )
)
Plaintiff, )
)
vs. ) ORDER
)
LOWELL GRIFFIN, et al., )
)
Defendants. )
__________________________________ )
THIS MATTER is before the Court sua sponte.
The pro se Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983 addressing
incidents that allegedly occurred at the Henderson County Detention Center. [Doc. 1]. The
Complaint passed initial review on claims asserted against Defendants Lowell Griffin, Dylan
Rollins, Brandon Hemphill, and Cameron Burrell. [See Doc. 8]. On April 12, 2024, these
Defendants were served and filed an Answer, and Defendants Rollins, Hemphill, and Burrell
asserted a Counterclaim for assault and battery against the Plaintiff. [Doc. 13]. The Plaintiff has
not answered or otherwise responded to the Counterclaim and the time to do so has expired. See
Fed. R. Civ. P. 12.
Defendants Rollins, Hemphill, and Burrell shall take further action to prosecute the
Counterclaim within fourteen (14) days of this Order. Failure to take any such further action shall
result in the dismissal of the Counterclaim without prejudice.
The Court notes that the Plaintiff has filed a Letter with the Court in which he asks to begin
discovery. [Doc. 16]. The Plaintiff is reminded that he must request relief from the Court in a
Case 1:23-cv-00319-MEO Document 17 Filed 05/30/24 Page 1 of 2

2
“Motion,” and that he must include the case number at the top of the first page of any filing he
wishes to be docketed in this case. [See Doc. 3: Order of Instructions]. Moreover, discovery has
not yet begun in this case and, in any event, discovery should not typically be filed with the Court.
[Id.]. The Plaintiff is cautioned to comply with the applicable procedural rules and this Court’s
Orders; the failure to do so may result in the imposition of sanctions.
IT IS, THEREFORE, ORDERED that Defendants Rollins, Hemphill, and Burrell shall
take further action to prosecute the Counterclaim within fourteen (14) days of this Order. Failure
to take any such further action shall result in the dismissal of the Counterclaim without prejudice.
The Clerk is respectfully instructed to mail the Plaintiff a copy of this Order and of the
Order of Instructions [Doc. 3].
IT IS SO ORDERED.
Signed: May 30, 2024
Case 1:23-cv-00319-MEO Document 17 Filed 05/30/24 Page 2 of 2