Opinion
1:23CV764
10-11-2023
TOREY GRIFFIN, Petitioner, v. EDDIE BUFFALOE, Respondent.
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 September 13, 2023, was served on the parties in this action. (ECF Nos. 2, 3). No objections were filed within the time prescribed by § 636.
The Court hereby adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that this action be construed as a habeas petition under 28 U.S.C. § 2254 and DISMISSED sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition or pursuing any remedies in the state courts. Any new petition must be accompanied by either the five-dollar filing fee or a current application to proceed in forma pauperis.