GEVARA v. STATE OF NORTH CAROLINA

Filing 7

ORDER signed by JUDGE THOMAS D. SCHROEDER on 6/27/2012 adopting the Magistrate Judge's Recommendation; that this action is construed as a habeas petition under 28 U.S.C. § 2254 and dismissed sua sponte without prejudice to Petitioner filin g a new petition which corrects the defects cited in the Magistrate Judge's Recommendation. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)

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

JORGE GEVARA,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
STATE OF NORTH CAROLINA,
Respondent.

1:12CV373

ORDER
The Recommendation of the United States Magistrate Judge was
filed with the court in accordance with 28 U.S.C. § 636(b) and, on
May 21, 2012, was served on the parties in this action.

In response,

Plaintiff

Supplemental

filed

Petitioner=s

First

Amended

and

Alternative Writ of Habeas Corpus for Averment of Jurisdiction Under
Petitioner=s Unalienable Rights (Doc. 4), as well as a Memorandum of
Law (Doc. 5) and an Affidavit (Doc. 6) in support of the same. Out
of an abundance of caution, the court construes those filings as an
objection to the Magistrate Judge=s report.
The court has 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.
None of Petitioner=s most recent filings addresses the deficiencies

of the original Petition identified in the Magistrate Judge=s report.
The court therefore adopts the Magistrate Judge=s Recommendation.
IT IS THEREFORE ORDERED that this action is construed as a habeas
petition under 28 U.S.C. § 2254 and dismissed sua sponte without
prejudice to Petitioner filing a new petition which corrects the
defects cited in the Magistrate Judge=s Recommendation.

The new

petition must be accompanied by either the five dollar filing fee
or a current application to proceed in forma pauperis.

A Judgment

dismissing this action will be entered contemporaneously with this
Order.

/s/ Thomas D. Schroeder
United States District Judge

June 27, 2012

2