Opinion
CASE NO. C13-5361 BHS
08-19-2013
TERRY L. CALLENDRET, Plaintiff, v. ALVAREZ, et al., Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 9), and Plaintiff Terry L. Callendret's ("Callendret") objections to the R&R (Dkt. 11).
On June 21, 2013, Judge Strombom issued the R&R recommending that the Court deny Callendret's motion to proceed in forma pauperis and dismiss his complaint without prejudice because it is a civil rights complaint that requests habeas corpus relief. Dkt. 9. On June 28, 2013, Callendret filed objections that, upon review, confirm Judge Strombom's conclusion that Callendret seeks habeas relief from an administrative infraction and increase in his sentence of imprisonment. Dkt. 11. Therefore, the Court having considered the R&R, Callendret's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Callendret's complaint is DISMISSED without prejudice;
(3) Callendret's motion to proceed in forma pauperis is DENIED; and
(4) the Clerk shall remove the pending motions and close this case.
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BENJAMIN H. SETTLE
United States District Judge