Opinion
CIVIL ACTION NO. 2:11-CV-0286-RWS
11-28-2011
MOUSTAPHA BAYO, Plaintiff, v. WILLIE JOE SCRIPTURE, d/b/a Southern Restaurant Management, Defendant.
ORDER
This case is before the Court for consideration of the Final Report and Recommendation [4] of Magistrate Judge Susan S. Cole. After reviewing the Report and Recommendation and Plaintiff's Objections [5] thereto, the Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. The Court finds that Judge Cole properly concluded that Defendant is not a state actor for purposes of a 42 U.S.C. § 1983 action. Therefore, the Court concludes that the Complaint fails to state a claim on which relief may be granted and ORDERS that this action be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2). The Clerk shall close the case.
RICHARD W. STORY
UNITED STATES DISTRICT JUDGE