COLEY v. BARNES et al

Filing 6

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 11/09/2017 adopting the Magistrate Judge's Recommendation, that this action be, and is hereby, dismissed without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, correcting the defects set out in the Order and Recommendation. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JOHN THOMAS COLEY,
Plaintiff,
v.
B.J. BARNES, et al.,
Defendants(s).

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1:17CV632

ORDER
On September 26, 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.) Plaintiff filed
additional documents in support of his claims (Doc. 5) which the
court construes as objections 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 Plaintiff filing a new complaint,
on the proper § 1983 forms, correcting the defects set out in the
Order and Recommendation. A Judgment dismissing this action will
be entered contemporaneously with this Order.

This the 9th day of November, 2017.

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United States District Judge

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