Opinion
3:10-cv-697-RCJ-VPC.
February 25, 2011
ORDER
Before the Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. Cooke, (#4) entered on January 26, 2011, recommending plaintiff's motion to proceed in forma pauperis be denied and this action be dismissed with prejudice for failure to state a claim upon which relief can be granted. Plaintiff filed his Objection to the Report and Recommendation (#5) on February 11, 2011.
Refers to court's docket number.
The Court has conducted it's de novo review in this case, has fully considered the objections of the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge's Report and Recommendation (#4) entered on January 26, 2011, should be adopted and accepted.
IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (#4) entered on January 26, 2011, is adopted and accepted, and Plaintiff's Motion for Leave to Proceed in forma pauperis (#1) is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted.
IT IS SO ORDERED.
DATED: This 25th day of February, 2011.