Opinion
Case No. C05-5660FDB.
February 23, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed Plaintiffs' complaint, the Report and Recommendation of Magistrate Judge J. Kelley Arnold, 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) This action is DISMISSED WITHOUT PREJUDICE for the reasons outlined in the Report and Recommendation. Plaintiff may not proceed with a civil rights action if a ruling in his favor would imply his current confinement is unlawful.
(3) Clerk is directed to send copies of this Order to plaintiff, and to the Hon. J. Kelley Arnold.