JACKSON v. STATE OF NORTH CAROLINA, et al

Filing 12

ORDER signed by JUDGE JAMES A. BEATY, JR on 05/31/2013, adopting and affirming the United States Magistrate Judge's Recommendation [Doc. # 8 ]; that this action is dismissed sua sponte without prejudice to Plaintiff filing a new action which corrects the defects of the present action. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
NECUS A. JACKSON,
Plaintiff,
v.
THE STATE OF NORTH CAROLINA,
LINDA L. FALLS, BETTY J. BROWN,
WILLIAM S. REAVIS, JUDGE BRUCE
MARTIN, GUILFORD COUNTY,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

1:12CV746

ORDER
On August 14, 2012, the United States Magistrate Judge’s Recommendation was filed and
notice was served on the parties pursuant to 28 U.S.C. § 636. Plaintiff filed objections [Doc.
#10, #11] to the Recommendation within the time limit prescribed by Section 636.
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 [Doc. #8] which are
affirmed and adopted. The Court notes that in his Objections, Plaintiff contends that he is
making a motion for appropriate relief under North Carolina General Statute § 15A-1415(b)(3).
However, such a motion must be filed in state court, not in this Court.
IT IS THEREFORE ORDERED that this action is dismissed sua sponte without
prejudice to Plaintiff filing a new action which corrects the defects of the present action.
This, the 31st day of May, 2013.

United States District Judge