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Stafford v. Unknown NCDPS Officials

United States District Court, Middle District of North Carolina
Mar 26, 2024
1:23-cv-1121 (M.D.N.C. Mar. 26, 2024)

Opinion

1:23-cv-1121

03-26-2024

DELVIN STAFFORD, Plaintiff, v. UNKNOWN NCDPS OFFICIALS, Defendant.


ORDER

On January 5, 2024, 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 prescribed by Section 636.

Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.

On March 25, 2024, the Clerk received a letter from Plaintiff which has been docketed as an Objection to the Recommended Ruling. (Doc. 4.) Although docketed as an objection, the letter appears to express frustration with mailings at the County Jail and does not raise “specific and particularized” objections. United States v. Midgette, 478 F.3d 616, 621 (4th Cir. 2007). Therefore, Plaintiff has failed to identify “specified proposed findings . . . to which objection is made,” 28 U.S.C. § 636(b)(1), and de novo review is not necessary.

IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 2), is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE to Plaintiff filing a new complaint, on the proper Section 1983 forms, which corrects the defects cited in the Recommendation.

A Judgment dismissing this action will be entered contemporaneously with this Order.


Summaries of

Stafford v. Unknown NCDPS Officials

United States District Court, Middle District of North Carolina
Mar 26, 2024
1:23-cv-1121 (M.D.N.C. Mar. 26, 2024)
Case details for

Stafford v. Unknown NCDPS Officials

Case Details

Full title:DELVIN STAFFORD, Plaintiff, v. UNKNOWN NCDPS OFFICIALS, Defendant.

Court:United States District Court, Middle District of North Carolina

Date published: Mar 26, 2024

Citations

1:23-cv-1121 (M.D.N.C. Mar. 26, 2024)