GARNER v. HOKE CORRECTIONAL INSTITUTION

Filing 5

ORDER signed by JUDGE N. C. TILLEY, JR on 8/4/2017 adopting the Magistrate Judge's Recommendation 2 ; 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 cited in the Recommendation. 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
TERRY F. GARNER,
Plaintiff,
v.
HOKE CORRECTIONAL
INSTITUTION,
Defendant.

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1:17CV623

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 July 13,
2017, was served on the parties in this action. [Docs. # 2, 3.] No
objections were filed within the time limits prescribed by § 636.1
Therefore, the Court need not make a de novo review, and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that this action is filed and dismissed sua
sponte without prejudice to Plaintiff filing a new complaint, on the proper
1

Within this period, Plaintiff submitted a filing that did not object to the
Recommendation, but instead requested an “extintion [sic] of time to file IFP and
Complaint.” (Doc. # 4 at 1 (all-cap font and asterisks omitted).) Because no
court-imposed deadline for filing such documents exists, Plaintiff’s extension request
qualifies as moot.

§ 1983 forms, which corrects the defects cited in the Recommendation. A
Judgment dismissing this action will be entered contemporaneously with this
Order.
This the 4th day of August, 2017.

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

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