Opinion
File No. 2:07-CV-257.
December 23, 2008
MEMORANDUM OPINION AND ORDER ADOPTING THE REPORT AND RECOMMENDATION
On April 9, 2008, United States Magistrate Judge Timothy P. Greeley issued a Report and Recommendation ("R R"), recommending that Plaintiff Clifton Boyd's 42 U.S.C. § 1983 prisoner civil rights action be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b), and 42 U.S.C. § 1997e(c), for failure to state a claim. (Dkt. No. 5.) Plaintiff filed objections to the R R on April 25, 2008. For the reasons that follow, Plaintiff's objections are denied and the R R is adopted as the opinion of the Court.
This Court is required to make a de novo review of those portions of a R R to which specific objections are made, and may accept, reject, or modify any or all of the Magistrate Judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
Plaintiff's only objection is that there is "clear evidence" to support his claim if the Court accepts his allegations as true. However, the R R assumed the truth of Plaintiff's allegations and nevertheless found that Plaintiff failed to state a claim of deprivation of medical care under the Eighth Amendment. Having reviewed Plaintiff's complaint, the R R, and Plaintiff's objections to the R R, the Court finds that the R R correctly states the law and correctly applies it to the facts of this case.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's objections to the Report and Recommendation of the Magistrate Judge (Dkt. No. 6) are DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (Dkt. No. 5) is APPROVED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that Plaintiff Clifton Boyd's complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A, and 42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that this dismissal shall count as a STRIKE for purposes of 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that the Court finds no good-faith basis for appeal within the meaning of 28 U.S.C. § 1915(a)(3).