Opinion
Case No. 3:11cv412/LAC/EMT.
October 28, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated October 12, 2011 (doc. 11). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. This action is DISMISSED WITHOUT PREJUDICE as malicious, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
3. All outstanding motions are DENIED as moot.
DONE AND ORDERED