ZUNIGA v. PERRY

Filing 6

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 05/26/2015, that this action is dismissed without prejudice to Petitioner moving to amend his pending habeas petition in case 1:15CV35. A Judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JOSE ISMAEL RUIZ ZUNIGA,

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Petitioner,
v.
FRANK L. PERRY,
Respondent.

1:15CV293

ORDER
On April 13, 2015, the United States Magistrate Judge=s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 3 and 4.)

Petitioner

timely filed objections (Doc. 5) to the Recommendation.1
This court has appropriately reviewed the portions of the
Recommendation to which objections were made and has made a
de novo determination which is in accord with the Magistrate
Judge=s Recommendation.

This court therefore adopts the

Recommendation.
The court notes further that Petitioner has filed a
document listing this case number and attempting to raise new
claims. However, Petitioner was instructed by prior Order to
file any such claims in a Motion to Amend in his previously

Petitioner’s pleading contains allegations in both English
language and Spanish language. Apparently, Petitioner has the
ability to file in both languages. Petitioner is cautioned to
submit his pleadings only in English.
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filed, and currently pending, habeas proceeding. (Doc. 3.)
Consequently, the court has docketed that document accordingly
in Petitioner’s currently pending, and previously filed, habeas
proceeding and will consider it there in due course. (See
1:15CV35, Doc. 9.)
IT IS THEREFORE ORDERED that this action is dismissed without
prejudice to Petitioner moving to amend his pending habeas petition
in case 1:15CV35.

A Judgment dismissing this action will be

entered contemporaneously with this Order.
This the 26th day of May, 2015.

_____________________________________
United States District Judge

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