Opinion
1:21-cv-931
03-22-2023
DARRICK L. FULLER, Petitioner, v. SAMUEL S. PAGE, Rockingham County Sheriff, Respondent.
ORDER
This matter is before this court for review of the Order and Recommendation (“Recommendation”) filed on December 9, 2021, by the Magistrate Judge in accordance with 28 U.S.C. § 636(b). (Doc. 2.) In the Recommendation, the Magistrate Judge recommends that this action be construed as a habeas petition under 28 U.S.C. § 2254 and dismissed sua sponte without prejudice to Petitioner exhausting his state court remedies and then filing a new petition which corrects certain defects of the current Petition, accompanied by either the five-dollar filing fee or the current application to proceed in forma pauperis. No objections were filed within the time limits 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 ORDERED that the Magistrate Judge's Recommendation, (Doc. 2), is ADOPTED. IT IS FURTHER ORDERED that this action is construed as a habeas petition under 28 U.S.C. § 2254 and DISMISSED sua sponte without prejudice to Petitioner exhausting his state court remedies and then filing a new petition which corrects certain defects of the current Petition, accompanied by either the five-dollar filing fee or the current application to proceed in forma pauperis.
A Judgment dismissing this action will be filed contemporaneously with the Order.