Opinion
Case No. C05-289-RSM.
February 6, 2006
ORDER
The Court, having reviewed the Report and Recommendation of the Hon. Monica J. Benton, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant's Motion to Dismiss is GRANTED;
(3) Plaintiff's 42 U.S.C. §§ 1983 and 1985(3) action is DISMISSED without prejudice;
(4) Plaintiff's Motion for Return of the $250.00 filing fee is DENIED.
(5) The Clerk is directed to send copies of this Order to Plaintiff, to Counsel for Defendants, and to the Hon. Monica J. Benton.