United States District Court, M.D. North Carolina
January 5, 2015
RONALD MACK FLYNN, Petitioner,
DANNY HAYES, Respondent.
WILLIAM L. OSTEEN, Chief District Judge.
On September 23, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 2 and 3.) Petitioner timely filed objections (Doc. 4) to the Recommendation.
This court has appropriately reviewed the portions of the Recommendation to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS HEREBY ORDERED that this action be, and is hereby, dismissed without prejudice to Petitioner filing a new petition, correcting the defects set out in the Order and Recommendation. The Clerk is instructed to return the $5.00 filing fee to Petitioner. A Judgment dismissing this action will be entered contemporaneously with this Order.