WILLIAMS v. SMITH et al

Filing 9

ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 3/28/2011, affirming and adopting the U.S. Magistrate Judge's Recommendation and dismissing this action sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms. (Daniel, J)

-LPA WILLIAMS v. SMITH et al

Doc. 9

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA PERCY ALLEN WILLIAMS, JR., Plaintiff, v. LEWIS O. SMITH, et al., Defendants. ) ) ) ) ) ) ) ) )

1:10CV501

ORDER On July 15, 2010, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 4-6.) Plaintiff filed

objections to the Recommendation within the time limit prescribed by Section 636. (Docs. 7, 8.) In both documents Plaintiff filed

as "objections," he acknowledged that he followed the Recommendation in this case by instituting a new action. Doc. 7 at 2; Doc. 8 at 1-2.) (See

The Court's records confirm that

Plaintiff filed a new complaint docketed as case number 1:10CV615. The Court has reviewed Plaintiff's objections de novo and finds they do not change the substance of the United States Magistrate Judge's Recommendation which is affirmed and adopted. IT IS THEREFORE ORDERED that this action is dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms.

______________________________ United States District Judge March 28, 2011

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