ENGLE v. FAISON

Filing 5

ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/04/2014 adopting the Recommendation, that this action be filed and then DISMISSED sua sponte without prejudice to petitioner filing under § 2255 in the Eastern District of Virginia after receiving permission from the Fourth Circuit to file a second or successive § 2255 motion. (Garland, Leah)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CHARLES R. ENGLE, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) 1:14CV396 ORDER On May 13, 2014, the Recommendation of the United States Magistrate Judge was filed (Doc. 2) and notice was served on the parties pursuant to 28 U.S.C. § 636(b). filed objections. On May 30, 2014, Plaintiff (Doc. 4.) The court has conducted a review of those portions of the Recommendation to which objection was made and has made a de novo determination. The court finds that the objections of Plaintiff, who remains on supervised release (Doc. 1 at 4), do not change the substance of the Recommendation, which is adopted. IT IS THEREFORE ORDERED that this action be filed and then DISMISSED sua sponte without prejudice to petitioner filing under § 2255 in the Eastern District of Virginia after receiving permission from the Fourth Circuit to file a second or successive § 2255 motion. /s/ Thomas D. Schroeder United States District Judge June 4, 2014

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