Opinion
Civil Action No. 07-91.
March 21, 2008
ORDER
AND NOW, this 21 day of March, 2008, after the Plaintiff, Michael Hawn, filed an action in the above-captioned case, and after Defendants filed a Motion to Dismiss, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the partied until March 17, 2008 to file written objections thereto, and objections having been filed by Plaintiff, 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 the Defendants' Motion to Dismiss [22] is granted and the complaint is dismissed for failure to state a claim upon which relief can be granted; in the alternative, the complaint is dismissed sua sponte pursuant to the PLRA as frivolous or malicious because it is duplicative.
IT IS FURTHER ORDERED that Plaintiff's Motion for a Court Conference [31] is denied.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.