ARCHIE v. DISMUKES

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
OTHA D. ARCHIE, )
)
Petitioner, )
)
v. ) 1:25-cv-638
)
LESLIE DISMUKES, )
)
Respondent. )
ORDER
On October 21, 2025, the United States Magistrate Judge’s
Order and Recommendation (“Recommendation”) was filed and notice
was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 2,
3.) No objections were filed within the time limits prescribed
by Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
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 Petitioner filing
a new petition which corrects the defects of the current
Petition.
The court further finds there is no substantial showing of
the denial of a constitutional right affecting the conviction
nor a debatable procedural ruling, therefore a certificate of
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appealability is not issued.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 2nd day of January, 2026.
__________________________________
United States District Judge
Case 1:25-cv-00638-WO-JEP Document 4 Filed 01/02/26 Page 2 of 2