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Banuelos-Acosta v. Keller

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Sep 24, 2012
1:11CV736 (M.D.N.C. Sep. 24, 2012)

Opinion

1:11CV736

09-24-2012

OSCAR BANUELOS-ACOSTA, Petitioner, v. ALVIN W. KELLER, JR., Respondent.


ORDER

On October 6, 2011, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 3, 4.) Within the time limitation set forth in the statute, Petitioner objected to the Recommendation. (See Doc. 6)

The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.

It appears Petitioner has filed a new petition in 1:11CV953.

IT IS THEREFORE ORDERED that this action is dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current petition. IT IS FURTHER ORDERED that Petitioner's request to proceed in forma pauperis is DENIED for being moot. A Judgment dismissing this action will be entered contemporaneously with this Order.

______________________

United States District Judge


Summaries of

Banuelos-Acosta v. Keller

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Sep 24, 2012
1:11CV736 (M.D.N.C. Sep. 24, 2012)
Case details for

Banuelos-Acosta v. Keller

Case Details

Full title:OSCAR BANUELOS-ACOSTA, Petitioner, v. ALVIN W. KELLER, JR., Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Date published: Sep 24, 2012

Citations

1:11CV736 (M.D.N.C. Sep. 24, 2012)