Opinion
Civil Action No. 3:05CV23.
January 23, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated December 12, 2005. To date, no objections to the Report have been filed. Upon review of the Report, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be and is hereby ORDERED adopted.
The Court thus ORDERS
1) petitioner's petition (Docket # 1) is construed as a civil action under 42 U.S.C. § 1983 and is DISMISSED WITH PREJUDICE for failure to state a claim for the reasons set forth in the Report and Recommendation;
2) respondents Rubenstein and Rudloff's Motion to Dismiss or in the Alternative for Summary Judgment (Docket # 6) is GRANTED;
3) petitioner's Motion to Appoint Counsel (Docket # 8) is DENIED; and
4) this action be and is hereby STRICKEN from the active docket of this Court.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.