Opinion
Civil Action No. 09-1437.
February 11, 2010
ORDER
AND NOW, this 11th day of February, 2010, after the Plaintiff, Frederick Banks, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until January 21, 2010, to file written objections thereto, upon consideration of the objections filed by Plaintiff which are without merit, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that pursuant to 28 U.S.C. Section 1915A, the Plaintiff's civil action is dismissed prior to service as frivolous and/or malicious.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(I) of the Federal Rules of Appellate Procedure, if the Plaintiff desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.