MENCHU-EL v. YELLEN

Filing 7

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 07/08/2024, that the Magistrate Judge's Recommendation, (Doc. 2 ), is ADOPTED. IT IS FURTHER ORDERED that that this action is DISMISSED WITHOUT PREJUDICE to Plaintiff filing a new complaint, on the proper forms, which corrects the defects cited in the Recommendation. A Judgment dismissing this action will be filed contemporaneously with this Order. (lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JORGE GALEAS MENCHU-EL, JR., Plaintiff, v. JANET YELLEN, Defendant. ) ) ) ) ) ) ) ) ) 1:23-cv-1034 ORDER This matter is before the court for review of the Order and Recommendation (“Recommendation”) filed on December 12, 2023, by the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 2.) The Recommendation was served on Plaintiff on December 12, 2023. (Doc. 2.) Plaintiff timely filed objections to the Recommendation. (Doc. 4.) 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 made by the [M]agistrate [J]udge . . . or recommit the matter to the [M]agistrate [J]udge with instructions.” Id. The court has appropriately reviewed the Recommendation and Plaintiff’s objections and has made a de novo determination which is in accord with the Magistrate Judge’s Recommendation. This court therefore adopts the Magistrate Judge’s Recommendation IT IS THEREFORE ORDERED that the Magistrate Judge’s Recommendation, (Doc. 2), is ADOPTED. IT IS FURTHER ORDERED that that this action is DISMISSED WITHOUT PREJUDICE to Plaintiff filing a new complaint, on the proper forms, which corrects the defects cited in the Recommendation. A Judgment dismissing this action will be filed contemporaneously with this Order. This the 8th day of July, 2024. __________________________________ United States District Judge –2–

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