Opinion
Civil Action 4:22cv590
02-16-2024
JOEL DAVIS, #2413505 v. OFFICER HELMS
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On January 9, 2024, the report of the Magistrate Judge (the “Report”) (Dkt. #24) was entered containing proposed findings of fact and recommendations that Defendant Officer Helms' Motion to Dismiss (Dkt. #21) be granted and Plaintiff's claims against Defendant Officer Helms be dismissed with prejudice. The Magistrate Judge also recommended Plaintiff not be given leave to amend, and that this dismissal count as a strike pursuant to 28 U.S.C. § 1915(g).
Having received the Report of the United States Magistrate Judge, and no timely objections being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's Report as the findings and conclusions of the Court.
It is therefore ORDERED that Defendant Officer Helms' Motion to Dismiss (Dkt. #21) is GRANTED. Plaintiff's claims against Defendant Officer Helms are DISMISSED WITH PREJUDICE; this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).