Opinion
CASE NO. C14-5037 BHS
04-07-2014
PHILLIP BURTON HAUSKEN, Plaintiff, v. C/O SMOLECH, et al., Defendants.
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 11. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) The Court DISMISSES this action as malicious and orders that this dismissal count as a strike pursuant to 28 U.S.C. 1915(g). In forma pauperis status is revoked for the purpose of appeal.
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BENJAMIN H. SETTLE
United States District Judge