HYDE-EL v. MILLER et al

Filing 6

ORDER signed by JUDGE LORETTA C. BIGGS on 10/4/2016 adopting the Magistrate Judge's Recommendation 3 ; that this action be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, which corrects the defects cited in the Magistrate Judge's Recommendation. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MASON WHITE HYDE-EL,

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Plaintiff,
v.
D.T. MILLER, II, et al.,
Defendant(s).

1:16CV897

ORDER
The Order and Recommendation of the United States Magistrate Judge was filed with
the Court in accordance with 28 U.S.C. § 636(b) and, on August 4, 2016, was served on the
parties in this action.

(ECF Nos. 3, 4.)

Plaintiff objected to the Magistrate Judge’s

Recommendation. (ECF No. 5.)
The Court has appropriately reviewed the portions of the Magistrate Judge’s
Recommendation 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 be filed and dismissed sua sponte
without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, which
corrects the defects cited in the Magistrate Judge’s Recommendation. A Judgment dismissing
this action will be entered contemporaneously with this Order.
This, the 4th day of October, 2016.
/s/ Loretta C. Biggs
United States District Judge