HOLMAN v. USA

Filing 7

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/7/2025, that the Magistrate Judge's Recommendation, (Doc. 2 ), is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE to Plaintiff submitting his action on the proper forms along with either the $405.00 filing fee or a completed application to proceed in forma pauperis. A Judgment dismissing this action will be entered contemporaneously with this Order. (cc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
QUENTON DAMON HOLMAN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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1:24-cv-974

ORDER
This matter is before the court for review of the Order and
Recommendation (“Recommendation”) filed on November 25, 2024 by
the United States Magistrate Judge in accordance with 28 U.S.C.
§ 636(b). (Doc. 2.) In the Recommendation, the Magistrate Judge
recommends that Plaintiff’s Letter, (Doc. 1), treated as a
Motion for Return of Property pursuant to Fed. R. Crim. P. 41(g)
should be dismissed without prejudice to Plaintiff submitting
his action on the proper forms along with either the $405.00
filing fee or a completed application to proceed in forma
pauperis. The Recommendation was served on the parties to this
action on November 25, 2024, and February 13, 2025. (Docs. 3,
5). Plaintiff filed timely objections to the Recommendation.
(Doc. 6.)
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. . . . [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 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 is DISMISSED WITHOUT PREJUDICE to Plaintiff
submitting his action on the proper forms along with either the
$405.00 filing fee or a completed application to proceed in
forma pauperis.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 7th day of March, 2025.

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United States District Judge

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