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Zuniga v. Perry

United States District Court, M.D. North Carolina

May 26, 2015

JOSE ISMAEL RUIZ ZUNIGA, Petitioner,
v.
FRANK L. PERRY, Respondent.

ORDER

WILLIAM L. OSTEEN, Jr., District Judge.

On April 13, 2015, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. ยง 636. (Docs. 3 and 4.) Petitioner timely filed objections (Doc. 5) to the Recommendation.[1]

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.

The court notes further that Petitioner has filed a document listing this case number and attempting to raise new claims. However, Petitioner was instructed by prior Order to file any such claims in a Motion to Amend in his previously filed, and currently pending, habeas proceeding. (Doc. 3.) Consequently, the court has docketed that document accordingly in Petitioner's currently pending, and previously filed, habeas proceeding and will consider it there in due course. (See 1:15CV35, Doc. 9.)

IT IS THEREFORE ORDERED that this action is dismissed without prejudice to Petitioner moving to amend his pending habeas petition in case 1:15CV35. A Judgment dismissing this action will be entered contemporaneously with this Order.


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