Opinion
2:22-cv-01606-RAJ-TLF
12-12-2023
ORDER DISMISSING PLAINTIFF'S COMPLAINT
The Honorable Richard A. Jones United States District Judge
The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) The order granting plaintiff's application to proceed in forma pauperis (IFP) (Dkt. 20) is vacated and plaintiff's IFP status is revoked. The Clerk is directed to refund any funds taken from plaintiff's prison trust account pursuant to the order granting IFP in this case.
(3) The action is dismissed without prejudice for failure to prosecute and for failure to state a claim.
(4) Plaintiff's “motion for order to correct” (Dkt. 26) and “motion for summary judgment” (Dkt. 32) are denied.