COLQUITT v. MOORE COUNTY
Filing
10
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 1/6/2021; that the Magistrate Judge's Recommendation, (Doc. 7 ), is ADOPTED. FURTHER that this action is filed and dismissed without prejudice to Petitioner filing a new petition, on the proper forms, which corrects the defects of the current Petition. 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
MARQUETTE COLQUITT,
Petitioner,
v.
MOORE COUNTY,
Respondent.
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1:20CV781
ORDER
This matter is before this court for review of the Order
and Recommendation filed on November 2, 2020, by the Magistrate
Judge in accordance with 28 U.S.C. § 636(b). (Doc. 7.) In the
Recommendation, the Magistrate Judge recommends that this action
be filed and dismissed sua sponte without prejudice to
Petitioner filing a new petition, on the proper forms, which
corrects the defects of the current Petition. The Recommendation
was served on the parties to this action on November 2, 2020.
(Doc. 8.) Petitioner filed objections, (Doc. 9), to the
Recommendation.
This court is required to “make a de novo determination of
those portions of the [Magistrate Judge’s] report or specified
proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
Case 1:20-cv-00781-WO-LPA Document 10 Filed 01/06/21 Page 1 of 2
made by the [M]agistrate [J]udge. . . .
[O]r recommit the
matter to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the
Recommendation to which the 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 the Magistrate Judge’s
Recommendation, (Doc. 7), is ADOPTED. IT IS FURTHER ORDERED that
this action is filed and dismissed without prejudice to
Petitioner filing a new petition, on the proper forms, which
corrects the defects of the current Petition. A Judgment
dismissing this action will be entered contemporaneously with
this Order.
This the 6th day of January, 2021.
__________________________________
United States District Judge
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Case 1:20-cv-00781-WO-LPA Document 10 Filed 01/06/21 Page 2 of 2
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