Summary
denying prisoner plaintiff's motion for voluntary dismissal sought after adverse recommendation was issued by the magistrate judge
Summary of this case from Edler v. SchwarzOpinion
Case No.: 3:07cv315/RV/EMT.
December 28, 2007
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated November 30, 2007. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed, if any.
Having considered the report and recommendation, and any timely filed objections thereto, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's claims against Defendants are DISMISSED with prejudice as frivolous and for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B) (i, ii).
3. Plaintiff's request for voluntary dismissal, filed after the issuance of the report and recommendation, is denied in light of the instant Order. See Hines v. Graham, 320 F.Supp. 2d 511 (N.D. Tex. 2004); Summer v. Tucker, 9 F.Supp. 2d 641, 644 (E.D. Va. 1998).
4. This action is DISMISSED and the clerk is directed to close the file.