Opinion
Case No.: 3:08cv261/RV/EMT.
January 2, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 8, 2008 (Doc. 25). Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. This action is DISMISSED for failure to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and the clerk is directed to close the file.
DONE AND ORDERED.