SHELTON v. ALLEN

Filing 5

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/11/2015 adopting the Magistrate Judge's Recommendation, that Plaintiff's complaint (Doc. 1 ), filed as an action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), be, and is hereby, dismissed without prejudice to Plaintiff filing a new complaint, on the proper 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
JOSEPH K. SHELTON,

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Plaintiff,
v.
LEWIS ALLEN,
Defendant(s).

1:15CV456

ORDER
On June 9, 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. 2 and 3.)

Plaintiff filed

objections (Doc. 4) to the Recommendation.
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.
IT IS THEREFORE ORDERED that Plaintiff’s complaint (Doc. 1),
filed as an action pursuant to Bivens v. Six Unknown Named
Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), be, and
is hereby, dismissed without prejudice to Plaintiff filing a new
complaint, on the proper 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 11th day of August, 2015.

______________________________________
United States District Judge

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