SYMMES v. NC DEPARTMENT OF PUBLIC SAFETY - DPS et al

Filing 28

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 7/5/2024; that the Magistrate Judge's Recommendation, (Doc. 21 ), is ADOPTED. FURTHER ORDERED that this case is DISMISSED WITHOUT PREJUDICE to Plaintiff filing a new Complaint in compliance with the guidance cited in the Recommendation. A Judgment dismissing this action will be filed contemporaneously herewith. (sh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DOUGLAS ROY SYMMES, JR., Plaintiff, v. NC DEPARTMENT OF PUBLIC SAFETY – DPS, RONALD COVINGTON, JERRY INGRAM, JR., SERGEANT HESTER, SERGEANT LOCKLEAR, SAMMS, KATY POOLE, WILLIAM L. BULLARD, DEAN LOCKLEAR, PAMELA LOCKLEAR, SHERYL HATCHER, CHRISTOPHER ADAMS, K.M. RUSSELL, DUNLAP, JUSTIN CHAVIS, GADDY, KIM SMITH, CONNIE LOCKLEAR JONES, VICTOR LOCKLEAR, GERALD, MILSAP, CYNTHIA LOWERY, CLARK, LOCKLEAR, WILBERT WALKER, REGINA P. HAMPTON, LETITIA S. OWEN, HUNT, TAMEKA SMITH, STEPHANIE M. OLIVER, ELAINE M. DIMICCO, SOPHIA FEASTER, ANGELO M. DELLORIPA, KIMBERLY H. SILER, WAKENDA GREENE, FAUSTINA F. BROWN, BEVERLY A. STUBBS, SHAQUANNA M. WALL, EVANNE MOORE, PAUL D. TAYLOR, JASMINE T. BELYEU, SHAROND R. SMITH, JONNITA E. BAKER, PATRICA A. ALSTON, REGINOLD R. MEWBORN, JODI T. HARRISON, KENNETH E. LASSITER, MONICA BOND, ERIC HOOKS, CLARENCE J. DELFORGE, III, JAREN KELLY, TODD E. ISHEE, JENNIFER L. BINGHAM, V. DREW, AMY S. JACOBS, KIMBERLY D. GRANDE, R. BAGWELL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:22-cv-225 ORDER On January 10, 2024 the United States Magistrate Judge’s Recommendation (“Recommendation”) was filed and notice was served on Plaintiff pursuant to 28 U.S.C. § 636. (Docs. 21, 22.) No objections were filed within the time prescribed by Section 636. Therefore, the court need not make a de novo review and the Magistrate Judge’s Recommendation is hereby adopted. IT IS THEREFORE ORDERED1 that the Magistrate Judge’s Recommendation, (Doc. 21), is ADOPTED. IT IS FURTHER ORDERED that this case is DISMISSED WITHOUT PREJUDICE to Plaintiff filing a new Complaint in compliance with the guidance cited in the Recommendation. A Judgment dismissing this action will be filed contemporaneously herewith. 1 Plaintiff has filed a Notice of Appeal, (Doc. 25), and the case appears to be proceeding in the Court of Appeals, (see Doc. 27). Because a final judgment has not been entered, Plaintiff’s Notice of Appeal appears premature and therefore insufficient to divest this court of jurisdiction to enter this Order and Judgment. If this court is incorrect, then in that case this Order and Judgment are submitted and filed pursuant to the procedure established in Fobian v. Storage Technology Corp., 164 F.3d 887 (4th Cir. 1999) and should be construed as an indication only of the court’s intention and without further force and effect. –2– This the 5th day of July, 2024. __________________________________ United States District Judge –3–

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