BOGER v. GALLOWAY et al

Filing 6

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 6/6/2017 adopting the Magistrate Judge's Recommendation 3 ; that this action be, and is hereby, dismissed without prejudice to Petitioner filing a new petition, correcting the defects set out in the Order and Recommendation, and filing the petition in the correct district. 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
DERRICK D. BOGER,
Petitioner,
v.
MARTY GALLOWAY, et al.,
Respondents.

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1:17CV433

ORDER
On May 18, 2017, the United States Magistrate Judge=s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636. (Docs. 3, 4.) Petitioner timely
filed objections (Doc. 5) 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 this action be, and is hereby,
dismissed without prejudice to Petitioner filing a new petition,
correcting the defects set out in the Order and Recommendation,
and filing the petition in the correct district. A Judgment
dismissing this action will be entered contemporaneously with
this Order.

This the 6th day of June, 2017.

_______________________________
United States District Judge

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