United States District Court, M.D. North Carolina
April 21, 2015
TIMOTHY SCOTT BUCK, Petitioner,
UNITED STATES OF AMERICA, Respondent.
WILLIAM L. OSTEEN, Jr., Chief District Judge.
On July 25, 2013, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 20 and 21.) On August 12, 2013, Petitioner filed a Satisfaction of the United States Magistrate Judge's Order and Recommendation which will be construed as objections to the Recommendation (Doc. 22). Petitioner simultaneously filed a corrected Petition under 28 U.S.C. § 2255 (1:13CV723), which is proceeding on the court's docket.
This court has appropriately reviewed the portions of the Recommendation to which objections were 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 THEREFORE ORDERED that this action be, and is hereby, dismissed without prejudice to Petitioner promptly filing a corrected motion on the proper § 2255 forms, correcting the defects set out in the Order and Recommendation. A Judgment dismissing this action will be entered contemporaneously with this Order.