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Hunt v. Perry

United States District Court, M.D. North Carolina

May 29, 2015

MICHAEL EUGENE HUNT, Plaintiff,
v.
FRANK PERRY, et al., Defendant(s)

ORDER

THOMAS D. SCHROEDER, District 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 March 24, 2015, was served on the parties in this action. Plaintiff objected to the Recommendation. (Doc. 6.)

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. The court adopts the Magistrate Judge's recommendation.[1]

Plaintiff also moved for appointment of counsel (Doc. 3), which the Magistrate Judge denied on May 15, 2015. Plaintiff has now filed a motion for reconsideration, which is presently before this court. (Doc. 7.) In light of this court's dismissal of the complaint without prejudice, the motion for reconsideration is likewise denied. Plaintiff has not demonstrated exceptional circumstances.

IT IS THEREFORE ORDERED (1) that Plaintiff's motion for reconsideration (Doc. 7) be DENIED; and (2) that Plaintiff's objection to the Magistrate Judge's Recommendation (Doc. 6) be OVERRULED. This action shall be filed and dismissed sua sponte without prejudice to Plaintiff filing a new complaint, on the proper § 1983 forms, with a proper in forma pauperis application, correcting the defects cited in the Magistrate's Order and Recommendation. The Clerk of Court is directed to send Plaintiff the proper § 1983 forms, ...


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