Opinion
C22-1688-JCC
06-21-2023
ORDER DISMISSING ACTION
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS as follows:
(1) The Report and Recommendation is approved and adopted.
(2) Plaintiff's complaint (Dkt. 5) and this action are DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1) and 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983. This dismissal shall count as a STRIKE under 28 U.S.C. § 1915(g).
(3) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Vaughan.