Opinion
5:05CV00094 SWW/JTR.
February 7, 2006
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1. Defendants' Motion to Dismiss (docket entry #7) is GRANTED, and the Complaint and Amended Complaint (docket entries #1 and #5) are DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted.
2. The dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. § 1915(g).
3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.