Opinion
CIV. 07-4086.
December 19, 2007
ORDER
Plaintiff brings this prisoner civil rights action pursuant to 42 U.S.C. § 1983. The Magistrate Judge issued a Report and Recommendation recommending that the Complaint be dismissed for failure to state a claim upon which relief can be granted.
The Court has reviewed the Plaintiff's Objections to the Report and Recommendation. The Plaintiff has not alleged a constitutional violation. Allegations amounting to a claim of negligence alone are not enough to proceed on a case such as this. The objections are overruled. Accordingly,
IT IS ORDERED that:
1. Plaintiff's objections are OVERRULED and the Report and Recommendation (Doc. 10) is ADOPTED.
2. Plaintiff's complaint is dismissed, without prejudice, for failure to state a claim upon which relief can be granted, each party to pay their own costs.