Opinion
Case No. C06-0068-JLR.
May 26, 2006
ORDER DISMISSING § 1983 ACTION
The Court, having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) The complaint and this action are DISMISSED without prejudice;
(3) The Order granting plaintiff leave to proceed in forma pauperis (Doc. #6) is VACATED. Plaintiff is not required to pay the remaining portion of the $250 filing fee imposed by that Order; and
(4) The Clerk shall send copies of this Order to plaintiff and to Judge Theiler. The Clerk is further directed to send a copy of this Order to the Court's Financial Administrator and to the financial officer at the institution having custody of plaintiff.