Opinion
3:21-CV-5417-JCC-DWC
12-16-2021
MYRON G. BRANDON, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Plaintiff's proposed second amended complaint fails to state a claim. Therefore, this case be dismissed without prejudice. All pending motions, including Plaintiff's Application for Leave to Proceed In Forma Pauperis (Dkt. 8) and Motion to Attach Exhibits (Dkt. 14), are denied. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).
(3) The Clerk is directed to send copies of this Order to Plaintiff and to the Hon. David W. Christel.