United States District Court, M.D. North Carolina
March 25, 2014
BOBBY R. KNOX, JR. Petitioner,
FRANK L. PERRY, Respondent.
JAMES A. BEATY, Magistrate Judge.
The Order and Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on February 18, 2014, was served on the parties in this action. Petitioner objected to the Recommendation.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation.
IT IS THEREFORE ORDERED that this action be filed, but then dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition after he exhausts his state court remedies. A judgment dismissing this action will be entered contemporaneously with this Order.