BALLARD v. POOLE et al

Filing 10

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/20/2015 adopting the Magistrate Judge's Recommendation, that this action be, and is hereby, dismissed without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, correcting the defects set out in the Order and Recommendation. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ROBERT S. BALLARD,
Plaintiff,
v.
KATIE POOLE, et al.,
Defendant(s).

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1:14CV792

ORDER
On October 9, 2014, the United States Magistrate Judge’s
Recommendation was filed and on November 4, 2014, notice was
served on the parties pursuant to 28 U.S.C. § 636.
8.)

(Docs. 5 and

Plaintiff filed a response to the Recommendation and asked

the court to dismiss the case. (Doc. 9.)
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.

This court therefore adopts the

Recommendation.
IT IS THEREFORE ORDERED that this action be, and is hereby,
dismissed without prejudice to Plaintiff filing a new complaint,
on the proper § 1983 forms, correcting the defects set out in the
Order and Recommendation.

A Judgment dismissing this action will

be entered contemporaneously with this Order.

This the 20th day of January, 2015.

_______________________________________
United States District Judge

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