Opinion
Case No.: 3:12cv101/LAC/EMT
04-06-2012
TOMMY LEE BENTON, Inmate #661443, Plaintiff, v. G. WELLHAUSEN, et al., Defendants.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 20, 2012 (doc. 4). 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.
Having considered the Report and Recommendation, and the 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. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Plaintiff's initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety.
3. The clerk is directed to enter judgment accordingly and close the file.
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LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE