Opinion
1:23-cv-181
03-09-2023
EDWIN WAYNE JOYCE, Plaintiff, v. ANGELA MOORE, HENRY ROGERS, JR-SR., YVONNE CRAVEN, CAROL BRAY, CYLDE ANDREWS, LISA WINDHAM, BILLY COLLINS, ANTHONY COLLINS, BETTY DUNN PUGH, COMMISSIONER RICHARD K. PUGH, ALAN V. PUGH, ROBERTA WOOD CRAVEN, JUDGE WILLIAM Z. WOOD, SR-JR., L.T. HAMMOND, JR-SR., JUROR JANE FOX RICH, JAMES FOX, her father USDCED, NORMA ARTHES, PHYLLIS LARVER, LARRY ORNDUFF, RUSSEL COX, DEBORAH MADDIN, CATHERINE BEANE, CATHERINE EAGELS, CLERK LAURA W. GALLIMORE, PRISON PLAN INMATE MARK WILSON, WARDEN GRAY, WARDEN BRAY, GRAND JURORS OF RANDOLPH COUNTY, connected to above Party, SHERIFFS DEPT., DEPT OF SOCIAL SERVICES, THEODORE B. PUGH, BILL MCCASKILL, SGT B ABBI SELLMAN, LT WAYMOND V. PUGH, PUGH LAW ENFORCEMENT CENTER SHERIFFS, and BOARD OF COMMISSIONERS, not Richard Petty nor wife, Defendants.
ORDER
On March 6, 2023, the United States Magistrate Judge's Order and Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 2, 3.) No objections were filed within the time limits prescribed by Section 636. However, Plaintiff submitted a letter request to drop all his lawsuits.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted. In light of adopting the Recommendation and dismissing this action without prejudice, Plaintiff's letter request to drop all his lawsuits will be denied as moot.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 2), is ADOPTED. IT IS FURTHER ORDERED that this action be filed, and is hereby, 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 Order and Recommendation.
IT IS FURTHER ORDERED that Plaintiff's letter request to drop all his lawsuits, (Doc. 4), is DENIED AS MOOT.
A Judgment dismissing this action will be entered contemporaneously with this Order.