Summary
dismissing Section 1983 claim where plaintiff alleged "only that there was a clerical error in the manner in which the [prison] disciplinary violation form was completed. However, a violation of prison policy is not actionable." (citing Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997))
Summary of this case from Pinero v. CaseyOpinion
NO: 5:08CV00016 SWW.
February 19, 2008
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT:
1. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted.
2. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g).
3. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith.