SALAZAR-MERCADO v. UNITED STATES OF AMERICA

Filing 6

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 4/30/2014, that the Magistrate Judge's Recommendation (Doc. 3 ) is ADOPTED. FURTHER, that this action is DISMISSED without prejudice to Plaintiff pursuing his claims in case 1:13CV335. 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

JOSE SALAZAR-MERCADO,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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1:13CV1138

ORDER
This matter is before this court for review of the Order
and Recommendation (ARecommendation@) filed on December 30, 2013,
by the Magistrate Judge in accordance with 28 U.S.C. § 636(b).
(Doc. 3.)

In the Recommendation, the Magistrate Judge

recommends that this action be dismissed without prejudice to
Plaintiff pursuing his claims in case 1:13CV335.

The

Recommendation was served on the parties to this action on
December 30, 2013.

On January 23, 2014, Plaintiff filed

untimely objections (Doc. 5) to the Recommendation.

See Fed. R.

Civ. P. 72(b)(2) (“Within 14 days after being served with a copy
of the recommended disposition, a party may serve and file . . .
objections.”).

This court is required to Amake a de novo determination of
those portions of the [Magistrate Judge=s] report or specified
proposed findings or recommendations to which objection is made.@
28 U.S.C. § 636(b)(1).

This court Amay accept, reject, or

modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.@

Id.

In spite of the late filing, this court has appropriately
reviewed the portions of the Recommendation to which objection
was made and has made a de novo determination which is in accord
with the Magistrate Judge=s Recommendation.
adopts the Recommendation.

This court therefore

As held in the Recommendation,

Plaintiff’s claims are proceeding in case number 1:13CV335.
That case remains pending and is proceeding.
IT IS THEREFORE ORDERED that the Magistrate Judge=s
Recommendation (Doc. 3) is ADOPTED.

IT IS FURTHER ORDERED that

this action is DISMISSED without prejudice to Plaintiff pursuing
his claims in case 1:13CV335.

A Judgment dismissing this action

will be entered contemporaneously with this Order.
This the 30th day of April, 2014.

_______________________________________
United States District Judge
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