HARDIN v. SCOTLAND CORRECTIONAL INSTITUTION

Filing 5

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 01/06/2021 adopting the Magistrate Judge's Recommendation, that this action be, and is hereby, dismissed without prejudice to Plaintiff filing an appropriate moti on in his pending civil case, 1:19CV674, or 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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CHARLIE L. HARDIN, Plaintiff, v. SCOTLAND CORRECTIONAL INSTITUTION, Defendant(s). ) ) ) ) ) ) ) ) ) ) 1:20CV262 ORDER On April 20, 2020, the United States Magistrate Judge’s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 2, 3.) Plaintiff timely filed objections, (Doc. 4). If Plaintiff seeks to file a motion or request relief in his other ongoing civil case, 1:19CV674, he should file an appropriate motion in that case. 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 an appropriate motion in his pending civil case, 1:19CV674, or filing a new Case 1:20-cv-00262-WO-JEP Document 5 Filed 01/06/21 Page 1 of 2 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 6th day of January, 2021. __________________________________ United States District Judge - 2 - Case 1:20-cv-00262-WO-JEP Document 5 Filed 01/06/21 Page 2 of 2

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