JOYCE v. MAURY CI et al

Filing 5

ORDER that the Magistrate Judge's Recommendation, (Doc. 2 ), is ADOPTED. FURTHER ORDERED that this action be, and is hereby, dismissed without prejudice to Plaintiff filing a new complaint, on the proper forms, which corrects the defects of the current Complaint. A Judgment dismissing this action will be entered contemporaneously with this Order. Signed by JUDGE WILLIAM L. OSTEEN, JR on 01/06/2021.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
EDWIN WAYNE JOYCE,
Plaintiff,
v.
MAURY CI, et al.,
Defendants.

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1:20CV957

ORDER
This matter is before this court for review of the
Recommendation filed on October 19, 2020, by the Magistrate
Judge in accordance with 28 U.S.C. § 636(b). (Doc. 2.) In the
Recommendation, the Magistrate Judge recommends that this action
be filed and dismissed sua sponte without prejudice to Plaintiff
filing a new complaint, on the proper forms, which corrects the
defects of the current Complaint. The Recommendation was served
on the parties to this action on October 19, 2020. (Doc. 3.)
Plaintiff filed objections, (Doc. 4), 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

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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. 2), is ADOPTED. IT IS FURTHER ORDERED that
this action be, and is hereby, dismissed without prejudice to
Plaintiff filing a new complaint, on the proper forms, which
corrects the defects of the current Complaint. 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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