JUAREZ v. UNITED STATES OF AMERICA et al

Filing 5

ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/31/2014, that the court therefore adopts the Magistrate Judge's Recommendation, and that this action is dismissed sua sponte without prejudice to Plaintiff filing a new complaint or habeas petition, on the proper forms, which corrects the defects cited in the Magistrate Judge's Recommendation. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
SERGIO MENDEZ JUAREZ,

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Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendant(s).

1:14CV821

ORDER
On October 3, 2014, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

Plaintiff timely filed an objection

(Doc. 4) to the Recommendation.
The court has reviewed the portions of the Magistrate Judge’s
report

to

which

objection

was

made

and

has

made

a

de

novo

determination, which is in accord with the Magistrate Judge’s
Recommendation.

The court therefore adopts the Magistrate Judge’s

Recommendation.
IT IS THEREFORE ORDERED that this action is dismissed sua sponte
without prejudice to Plaintiff filing a new complaint or habeas
petition, on the proper forms, which corrects the defects cited in
the Magistrate Judge’s Recommendation.
/s/
Thomas D. Schroeder
United States District Judge
October 31, 2014