Opinion
No. 1:09CV4-P-S.
January 22, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated November 6, 2009, was on that date duly served by mail upon the pro se plaintiff at his last known address; that more than fourteen days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge dated November 6, 2009, is hereby APPROVED AND ADOPTED as the opinion of the court.
2. That the instant case is hereby DISMISSED with prejudice for failure to state a claim upon which relief could be granted, counting as a "strike" under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915(g).
3. That this case is CLOSED.