Opinion
1:23-cv-699
10-16-2023
ORDER
On August 24, 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.
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 is DISMISSED WITHOUT PREJUDICE to Petitioner filing a new petition that corrects the defects of the current Petition. The new petition must be accompanied by either the five-dollar filing fee or a current application to proceed in forma pauperis.
A Judgment dismissing this action will be entered contemporaneously with this Order.