Opinion
1:10-cv-00001-JMM-JJV.
June 25, 2010
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, 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. Plaintiff's cause of action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted and his Motion for Reconsideration (Doc. No. 12) is DENIED.
2. Dismissal of this action will count as a "strike" for purposes of 28 U.S.C. § 1915(g);
3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauper is appeal from this Order would not be taken in good faith.