Opinion
Case No.: 2:16-cv-01154-GMN-PAL
10-24-2016
FREDERICK BANKS, Plaintiff, v. S.A. ROBERT WERNER, et al., Defendants.
ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE LEEN
Before the Court for consideration is the Report and Recommendation, (ECF No. 4), of the Honorable Peggy A. Leen, United States Magistrate Judge, entered August 12, 2016.
Pursuant to Local Rule IB 3-2(a), objections were due by August 29, 2016. No objections have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has reviewed the record in this case and agrees with Magistrate Judge Leen's recommendation that Plaintiff's Complaint, (ECF No. 1-1), be dismissed without prejudice. Therefore, the Court has determined that Magistrate Judge Leen's Recommendation should be ACCEPTED and ADOPTED to the extent that it is not inconsistent with this opinion.
IT IS THEREFORE ORDERED that the Report and Recommendation, (ECF No. 4), is ACCEPTED and ADOPTED in full. Plaintiff's Complaint, (ECF No. 1-1), is DISMISSED without prejudice to Plaintiff's ability to commence a new action in which he either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis.
DATED this 24 day October, 2016.
/s/_________
Gloria M. Navarro, Chief Judge
United States District Court