Opinion
CASE NO. 1:11-cv-00047 BSM/JTR.
August 9, 2011
ORDER
The proposed findings and recommended disposition [Doc. No. 6] submitted by United States Magistrate Judge J. Thomas Ray have been received. No objections have been filed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition [Doc. No. 6] should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1. The case is DISMISSED WITHOUT PREJUDICE, for failure to state a claim.
2. Dismissal constitutes a "strike" as defined by 28 U.S.C. § 1915(g).
3. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith.
IT IS SO ORDERED