Opinion
CASE NO. 4:09cv275/RS-WCS.
December 14, 2009
ORDER
Before me is the Magistrate Judge's Report and Recommendation (Doc. 9). Plaintiff has not filed objections.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Plaintiff's Second Amended Complaint (Doc. 8) is dismissed pursuant to 28 U.S.C. § 1915(e)(2) because of failure to state a claim upon which relief may be granted.
3. The clerk is directed to note on the docket that this case has been dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
4. The clerk is directed to close the file.ORDERED.