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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ROBERT LEE HOOD, Plaintiff, v. JACK CLELLAND, Defendant. ) ) ) ) ) ) ) ) ) 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?