Opinion
4:10CV01077 BSM/JTR.
September 1, 2010
ORDER
The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections have been received. After carefully considering these documents and making a de novo review of the record, the proposed findings and recommended disposition are approved and adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim on which relief may be granted.
2. Dismissal of this action CONSTITUTES a "strike," as defined by 28 U.S.C. § 1915(g).
3. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith.
Dated this 1st day of September, 2010.