Opinion
1:23CV507
08-02-2023
ORDER
Thomas D. Schroeder 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 July 5, 2023, was served on the parties in this action. (Docs. 2, 3.) Petitioner filed a "Motion Response" to the Recommendation, which the court will treat as an objection to the Recommendation. (Doc. 4.)
The court has appropriately reviewed the Magistrate Judge's report and has made a de novo determination in accord with the Magistrate Judge's report. In that regard, the court notes that it cannot assist Petitioner in litigating this case, that the Recommendation only granted Petitioner in forma pauperis status for purposes of that filing (see Doc. 2 at 2), and that Petitioner should seek to obtain forms and instructions from the Clerk's Office in the Eastern District of North Carolina, see 28 U.S.C. § 1391(b). The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that this action is dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition and is filed in the proper district. A Judgment dismissing this action will be entered contemporaneously with this Order.