Summary
holding plaintiff's conditions of confinement claim should be dismissed where plaintiff presented no evidence of physical injury suffered by the alleged conditions of confinement and defining physical injury as one that is greater than de minimis.
Summary of this case from Scoggins v. TallantOpinion
5:06-CV-00258 WRW.
January 7, 2008
ORDER
The Court has received proposed findings and recommendations from United States Magistrate Judge H. David Young. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety.
Accordingly, IT IS, THEREFORE, ORDERED that Plaintiff's complaint against Defendants is DISMISSED with prejudice, and this dismissal constitutes a "strike" within the meaning of 28 U.S.C. § 1915(g).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED.