Opinion
Civil Action 23-00296-JWD-EWD
08-20-2024
HENNESSY CHRISTOF #595808 v. TIMOTHY HOOPER, ET AL.
OPINION
JOHN W. DEGRAVELLES, JUDGE UNITED STATES DISTRICT COURT
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 9, 2024 (Doc. 5), to which an objection was filed and considered (Doc. 7);
IT IS ORDERED this action is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and/or 1915A.
Christof is advised that 28 U.S.C. § 1915(g) provides that, “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [Proceedings in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” Since the Recommendation (Doc. 5) is adopted as the Court's opinion, the dismissal will count as a strike.
Judgment shall be entered accordingly.