COLEY v. HOOKS et al

Filing 8

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/6/2018 adopting the Magistrate Judge's Recommendation 5 ; that this action is filed and DISMISSED sua sponte without prejudice to Plaintiff filing a new complaint, on the proper 42 U.S.C. § 1983 forms, which corrects the defects cited in the Recommendation of the United States Magistrate Judge. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

ROGER EARL COLEY,

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Plaintiff,
v.
ERIC A. HOOKS, et al.,
Defendant(s).

1:18CV525

ORDER
On October 25, 2018, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

Within the time limit prescribed by

Section 636, Plaintiff filed a document that he captioned as a
“Notice of Appeal” (Doc. 7), which this court will construe as
Objections to the Recommendation given the nature and timing of
the filing.
The court has reviewed Plaintiff’s objections de novo and
finds that they do not change the substance of the United States
Magistrate Judge’s Recommendation (Doc. 5), which is affirmed and
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 42 U.S.C. § 1983 forms, which corrects

the defects cited in the Recommendation of the United States
Magistrate Judge.

/s/
Thomas D. Schroeder
United States District Judge
December 6, 2018

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