Opinion
C23-5100-JCC
06-02-2023
MARK C. DOWNEY, Plaintiff, v. SERGEANT JENNINGS, Defendant.
ORDER DISMISSING CIVIL RIGHTS ACTION
JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE
The Court, having reviewed Plaintiff's complaint, Plaintiff's petition for writ of habeas corpus, the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS as follows:
(1) The Report and Recommendation is approved and adopted.
(2) This action is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1) and 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a viable claim for relief. This dismissal shall count as a STRIKE under 28 U.S.C. § 1915(g).
(3) The Clerk is directed to send copies of this Order to Plaintiff and to the Honorable S. Kate Vaughan.