Opinion
Case No.: 5:09cv365/MCR/EMT.
October 29, 2010
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 24, 2010 (Doc. 26). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's claims against Defendants regarding his removal from the vegan diet program and exposure to cold temperatures in his cell are DISMISSED with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief may be granted.
3. This matter is referred to the assigned magistrate judge for further proceedings on Plaintiff's remaining claim regarding ETS.
DONE AND ORDERED this 29th day of October, 2010.