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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHARLES R. ENGLE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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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