THOMPSON v. STEIN

Filing 5

ORDER signed by JUDGE N. C. TILLEY, JR on 12/04/2017, that this action be filed and DISMISSED sua sponte without prejudice to Petitioner filing a new action which corrects the defects of the current Petition, and that, finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is DENIED.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ANDRE AMON THOMPSON,
Petitioner,
v.
JOSH STEIN,
Respondent.

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1:17CV587

ORDER
On September 21, 2017, the United States Magistrate Judge’s
Recommendation was filed and notice was served on Petitioner pursuant to
28 U.S.C. § 636. No objections were filed within the time limit prescribed
by Section 636. Therefore, the Court need not make a de novo review, and
the United States Magistrate Judge’s Recommendation [Doc. #2], is hereby
affirmed and adopted.1
IT IS THEREFORE ORDERED that this action be filed and DISMISSED
sua sponte without prejudice to Petitioner filing a new action which corrects

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The Court notes that the envelope containing the Recommendation was sent to
Petitioner at the address he provided at the Maury Correctional Institution [Doc. # 1-1] but
was returned to the Court by the Postal Service with a notation of “return to sender,” “no
longer here,” and “Rel[eased].” [Doc. # 4]. Petitioner failed to provide any updated
address or contact information as required by Local Rule 11.1(b). Therefore, no further
mailing could be made. In the circumstances, the Complaint is also subject to dismissal for
failure to prosecute. See L.R. 11.1(b).

the defects of the current Petition, and that, finding no substantial issue for
appeal concerning the denial of a constitutional right affecting the
conviction, nor a debatable procedural ruling, a certificate of appealability is
DENIED.
This the 4th day of December, 2017.

/s/ N. Carlton Tilley, Jr.
Senior United States District Judge

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