Opinion
1:22-cv-107
08-07-2023
ORDER
On April 22, 2023, the United States Magistrate Judge's Order and Recommendation ("Recommendation"), (Doc. 4), was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 4, 5.)
The record reflects that the Recommendation was served by mail to Plaintiff's last known address at 735 Hallmark Drive, Rural Hall, North Carolina, but was returned undeliverable with the notice of, "Return to Sender, Vacant, and Unable to Forward." (See Doc. 6.) However, on May 31, 2023, the Clerk's Office updated the record to modify Plaintiff's forwarding address and the Recommendation and notice (Docs. 4, 5), were served on Plaintiff at his forwarding address, Atlanta U.S. Penitentiary, Inmate Mail/Parcels, P.O. Box 150160, Atlanta, Georgia, 30315. No objections were filed within the time limits prescribed by Section 636.
Fed. Bureau of Prisons, Find an Inmate, http://www.bop.gov/inmateloc/ (last visited August 4, 2023) (enter "26188-057" in BOP Register Number field).
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation is hereby ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Complaint, (Doc. 2), is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim upon which relief may be granted.
A Judgment dismissing this action will be filed contemporaneously with this Order.