Summary
accepting magistrate judge's recommendation dismissing with prejudice as frivolous
Summary of this case from Herndon v. ClaytonOpinion
No. 3:17-CV-3465-B-BH
10-19-2018
Referred to U.S. Magistrate Judge
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
It is therefore ORDERED that the findings, conclusions, and recommendation of the United States Magistrate Judge are adopted. Accordingly, the plaintiff's complaint is DISMISSED with prejudice under 28 U.S.C. § 1915A(b)(1) and 1915(e)(2)(B)(i). This dismissal will count as a "strike" or "prior occasion" within the meaning of 28 U.S.C. § 1915(g).
SIGNED this 19th day of October, 2018.
/s/ _________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE