Opinion
C21-5605-BJR
12-07-2021
TERRANCE JON IRBY, Plaintiff, v. CLIFFORD JOHNSON, et al., Defendants.
ORDER DISMISSING CIVIL RIGHTS ACTION
BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE
The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS as follows:
(1) The Report and Recommendation is approved and adopted.
(2) Plaintiff's complaint (dkt. # 5-1) is DISMISSED without prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983.
(3) Plaintiff's application to proceed in forma pauperis (dkt. # 5), and his motion for preliminary injunctive relief (dkt. # 5-9), are DENIED as moot.
(4) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Peterson.