CALDERON v. STATE OF CALIFORNIA et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JUAN C. CALDERON, )
)
Plaintiff, )
)
v. ) 1:25-cv-1153
)
STATE OF CALIFORNIA, PRISON )
EMPLOYEES, STATE EMPLOYEES, )
and AUTHORITIES, )
)
Defendants. )
ORDER
This matter is before the court for review of the Order and
Recommendation (“Recommendation”) filed on December 17, 2025, by
the Magistrate Judge in accordance with 28 U.S.C. § 636(b).
(Doc. 2.) In the Recommendation, the Magistrate Judge recommends
that the Complaint should be dismissed without prejudice to
Plaintiff filing a new complaint on the proper § 1983 forms. The
Recommendation was served on Plaintiff December 17, 2025. (Doc.
3.) Plaintiff filed timely objections, (Doc. 4), to the
Recommendation.
This court is required to “make a de novo determination of
those portions of the [Magistrate Judge’s] report or specified
proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
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made by the [M]agistrate [J]udge. . .[,] or recommit the matter
to the [M]agistrate [J]udge with instructions.” Id.
This court has considered Plaintiff’s arguments in his
objections and has made a de novo determination which is in
accord with the Magistrate Judge’s Recommendation. Plaintiff’s
objections fail to address or correct the deficiencies noted by
the Magistrate Judge. This court therefore adopts the
Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 2), is ADOPTED. IT IS FURTHER ORDERED
that this action is DISMISSED WITHOUT PREJUDICE to Plaintiff
filing a new Complaint, on the proper § 1983 forms, which
corrects the defects cited in the Recommendation.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 20th day of January, 2026.
__________________________________
United States District Judge
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