Opinion
Civil Action No. 10-1492.
December 27, 2010
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (ECF No. 1) on November 8, 2010, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
On November 30, 2010, the magistrate judge filed a Report and Recommendation recommending that the Complaint be dismissed for failure to state a claim upon which relief may be granted (ECF No. 6). Plaintiff filed Objections to the Report and Recommendation on December 22, 2010 (ECF Nos. 8 9). Plaintiff's Objections do not undermine the recommendation of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the objections thereto, the following order is entered:
AND NOW, this 27th day of December, 2010;
IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted.IT IS FURTHER ORDERED that the Report and Recommendation dated November 30, 2010 (ECF. No. 6), is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.