Opinion
CASE NO. 5:07cv51/RS.
May 30, 2007
ORDER
Before me is the Magistrate Judge's Order and Report and Recommendation (Doc. 9) and Plaintiff's Objections to Report and Recommendation of Judge Miles Davis (Doc. 10). I have reviewed Plaintiff's objections de novo. IT IS ORDERED:
1. The Magistrate Judge's Order and Report and Recommendation is adopted and incorporated by reference in this Order. I further find that the Defendants are federal employees of Federal Correctional Institute Marianna, a federal prison. Accordingly, the alleged actions of Defendants did not arise "under color of state law," and Defendants are not subject to Plaintiff's claims under 42 U.S.C. § 1983.
2. Plaintiff's Application to Proceed In Forma Pauperis (Doc. 8) is granted.
3. This case is dismissed without prejudice.
4. The clerk is directed to close the file.
ORDERED.