Opinion
3:01-CV-528-H
April 2, 2002
AMENDED ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge, filed on February 21, 2002, I am of the opinion that the findings and conclusions of the Magistrate Judge are correct and they are adopted as the findings and conclusions of the Court.
IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are ADOPTED and that this action is hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii).
IT IS FURTHER ORDERED that Plaintiff's motion to amend the complaint to correct a clerical error, filed on April 23, 2001, Plaintiff's motion for leave to file "judicial notice of adjudicative facts", filed on March 22, 2001, Plaintiff's motion for injunctive relief, filed on March 22, 2001, and Plaintiff's motion for a temporary restraining order filed on April 3, 2001, are DENIED as moot, and that Defendants' motion to dismiss the complaint on the basis of res judicata is DENIED.
IT IS FURTHER ORDERED that the Order of adoption filed on March 22, 2002, is VACATED.