Opinion
Case No.: 3:03cv568/RV/EMT.
November 22, 2005
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 21, 2005. 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 all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, 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 WITH PREJUDICE for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Plaintiff's Motion for a Preliminary and Permanent Injunction (Doc. 45) is DENIED as moot.
4. The clerk is directed to close the file.
DONE AND ORDERED.