BANUELOS-ACOSTA v. KELLER

Filing 7

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR., on 9/24/2012 adopting the Magistrate Judge's Recommendation (doc. 3 ); that this action is dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current petition. FURTHER, that Petitioner's request to proceed in forma pauperis is DENIED for being moot. A Judgment dismissing this action will be entered contemporaneously with this Order. (Lloyd, Donna)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

OSCAR BANUELOS-ACOSTA,
Petitioner,
v.
ALVIN W. KELLER, JR.,
Respondent.

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1:11CV736

ORDER
On October 6, 2011, the United States Magistrate Judge's
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 3, 4.)

Within the time

limitation set forth in the statute, Petitioner objected to the
Recommendation.

(See Doc. 6)

The court has appropriately reviewed the portions of
the Magistrate Judge’s report to which objection was made
and has made a de novo determination which is in accord with
the Magistrate Judge’s report.

The court therefore adopts

the Magistrate Judge’s Recommendation.1
IT IS THEREFORE ORDERED that this action is dismissed sua
sponte without prejudice to Petitioner filing a new petition
which corrects the defects of the current petition.

1

IT IS

It appears Petitioner has filed a new petition in
1:11CV953.

FURTHER ORDERED that Petitioner’s request to proceed in forma
pauperis is DENIED for being moot.

A Judgment dismissing this

action will be entered contemporaneously with this Order.
This the 24th day of September, 2012.

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United States District Judge

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