Opinion
NO. 09-5532RBL/JRC.
August 30, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant's Motion for Judgment on the pleadings is GRANTED. The action is DISMISSED WITH PREJUDICE with the dismissal counting as a strike pursuant to 28 U.S.C. 1915(g).
(3) All pending motions are DENIED AS MOOT.
(4) The Clerk is directed to send copies of this Order to plaintiff, and to the Hon. J. Richard Creatura.