Opinion
Civil Action No. 6:05CV480.
April 27, 2006
ORDER OF DISMISSAL
Came on for consideration the above-referenced civil action, this Court having heretofore ordered that this matter be referred to the United States Magistrate Judge for proper consideration. Having received the report of the United States Magistrate Judge pursuant to its order, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court. It is therefore,
ORDERED that the above-styled case shall be and is hereby DISMISSED WITH PREJUDICE as frivolous as to the refiling of a Section 1983 lawsuit challenging the validity of his conviction and seeking release or a reduction in sentence, but WITHOUT PREJUDICE to Plaintiff's right to seek relief from his conviction through any lawful means, including but not limited to state or federal applications for the writ of habeas corpus, so long as the procedural requirements for such applications are met. It is further ORDERED that the dismissal of this lawsuit shall count as a strike for purposes of 28 U.S.C. § 1915(g).
All motions by either party not previously ruled on are hereby DENIED.