GUARDADO v. BLU et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
ELMER JOSE MEJIA GUARDADO, 	)
)
Plaintiff, 	)
)
v. 	) 	1:25CV655
)
SERGANT BLU, et al., 	)
)
Defendants. 	)
ORDER
On 	October 	21, 	2025, 	the 	United 	States 	Magistrate 	Judge’s
Order 	and 	Recommendation 	was 	filed 	and 	notice 	was 	served 	on 	the
parties 	in 	accordance 	with 	28 	U.S.C. 	§ 	636(b). 	Objections 	were
filed 	within 	the 	time 	limits 	prescribed 	by 	section 	636. 	(Doc.
5.).
The 	court 	has 	appropriately 	reviewed 	the 	portions 	of 	the
Magistrate 	Judge’s 	report 	to 	which 	objections 	were 	made 	and 	has
made a de novo determination in accord with the Magistrate Judge’s
report. 	The 	court 	therefore 	adopts 	the 	Magistrate 	Judge’s
Recommendation. 	Plaintiff does not raise specific objections, but
instead 	notes 	that 	he 	is 	filing, 	or 	intends 	to 	file, 	a 	separate
complaint 	and 	in 	forma 	pauperis 	application. 	This 	Court 	has 	not
received 	any 	such 	filings, 	but 	the 	present 	dismissal 	is 	without
prejudice to him doing so as set out in the Recommendation.
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IT 	IS 	THEREFORE 	ORDERED 	that 	this 	action 	is 	dismissed 	sua
sponte 	without 	prejudice 	to 	Plaintiff 	filing 	a 	new 	complaint, 	on
the proper § 1983 forms, which corrects the defects.
/s/ 	Thomas D. Schroeder
United States District Judge
January 12, 2026
Case 1:25-cv-00655-TDS-JEP Document 6 Filed 01/12/26 Page 2 of 2