Opinion
5:23-cv-237-TKW-MJF
11-03-2023
ORDER
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 6) and Plaintiff's objections (Doc. 7). The Court reviewed the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and Fed.R.Civ.P. 72(b)(3).
Based on that review, the Court agrees with the magistrate judge's determination that Plaintiff's complaint should be dismissed for failure to state a claim upon which relief can be granted. Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Plaintiff's complaint is DISMISSED pursuant to 28 U.S.C. §§1915(e)(2)(B)(ii) and 1915A(b), for failure to state a claim upon which relief can be granted.
3. The Clerk shall enter judgment in accordance with this Order and close the case file.
DONE and ORDERED.