HOOD v. CLELLAND
Filing
9
ORDER signed by JUDGE N. C. TILLEY, JR on 06/02/2017, that this action is filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper 1983 forms, which corrects the defects noted in the Recommendation. 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
ROBERT LEE HOOD,
Plaintiff,
v.
JACK CLELLAND,
Defendant.
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1:17CV308
ORDER
The Recommendation of the United States Magistrate Judge was filed with
the Court in accordance with 28 U.S.C. § 636(b) and, on April 7, 2017, was
served on the parties in this action. Plaintiff filed Objections to the Magistrate
Judge’s Recommendation. [Docs. # 6, 7].
The Court has appropriately reviewed the portions of the Magistrate Judge’s
Recommendation to which objection is made and has made a de novo
determination in accord with the Magistrate Judge’s report. The Court therefore
adopts the Magistrate Judge’s Recommendation.1
1
Plaintiff included with his Objections a properly executed affidavit to
proceed in forma pauperis [Doc. # 6 at 6-8], but that affidavit corrects only one of
the defects noted in the Magistrate Judge’s Recommendation (see Doc. # 4 at 1
(explaining that this action should be dismissed because “[t]he Complaint is not on
forms prescribed for use by this Court, nor is the information requested by such
forms and necessary to process the Complaint pursuant to 28 U.S.C. § 1915A
contained in Plaintiff’s submission,” and that “[p]ursuant to the Prison Litigation
Reform Act, Plaintiff may no longer proceed in forma pauperis in this Court unless
he is under imminent danger of serious physical injury”)).
IT IS THEREFORE ORDERED that this action is filed and dismissed sua
sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983
forms, which corrects the defects noted in the Recommendation. A Judgment
dismissing this action will be entered contemporaneously with this Order.
This the 2nd day of June, 2017.
/s/ N. Carlton Tilley, Jr.
Senior United States District Judge
2
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