TUNSTALL v. PERRY et al
Filing
8
ORDER signed by JUDGE LORETTA C. BIGGS on 07/25/2017, that this action is DISMISSED without prejudice to Plaintiff filing a new complaint, on the proper forms and in the proper district, which corrects the defects cited in the Recommendation, or filing a proper Motion to Amend in Case 1:15CV226. (Taylor, Abby)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHARLES ALONZO TUNSTALL,
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)
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)
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Plaintiff,
v.
FRANK L. PERRY, et al.,
Defendants.
1:16CV1434
ORDER
On June 12, 2017, the United States Magistrate Judge=s Recommendation was filed and
notice was served on the parties pursuant to 28 U.S.C. ' 636. Plaintiff filed objections (ECF
No. 7) within the time limit prescribed by Section 636. The Court has reviewed Plaintiff=s
objections de novo and finds that they do not change the substance of the United States
Magistrate Judge=s Recommendation (ECF No.3), which is hereby affirmed and adopted.
In his objections, Plaintiff contends that the Complaint should be construed as a
Motion to Amend in his prior case (Case No. 1:15CV226). However, Plaintiff failed to file a
Motion to Amend in that case, and his Complaint seeks to add new and unrelated claims.
Therefore, to the extent Plaintiff intended the Complaint as a Motion to Amend in 1:15CV226,
that request is denied without prejudice to Plaintiff filing a proper Motion to Amend in
1:15CV226 for further consideration in that case.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice
to Plaintiff filing a new complaint, on the proper forms and in the proper district, which
corrects the defects cited in the Recommendation, or filing a proper Motion to Amend in Case
1:15CV226.
This, the 25th day of July, 2017.
/s/ Loretta C. Biggs
United States District Judge
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