Opinion
1:23CV974
12-20-2023
ORDER
Loretta C. Biggs United States District Judge
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) and, on November 30, 2023, was served on the parties in this action. (ECF Nos. 4, 5.) Plaintiff filed objections to the Magistrate Judge's Recommendation. (See ECF No. 8.) The Court has appropriately reviewed the Magistrate Judge's Recommendation and has made a de novo determination in accord with the Magistrate Judge's Recommendation.[*] The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that this action is DISMISSED sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, which corrects the defects cited in the Magistrate Judge's Recommendation.
A Judgment dismissing this action will be entered contemporaneously with this Order.
[*] Plaintiff filed an Application to Proceed IFP, (ECF No. 7), which resolved one of the defects noted in the Recommendation. However, the second defect remains, thus requiring dismissal of this action.