Opinion
CASE NO. 4:08cv157-SPM/WCS.
May 27, 2008
ORDER
THIS CAUSE comes before the Court on the magistrate judge's report and recommendation dated April 16, 2008 (doc. 5). Plaintiff has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 5) is ADOPTED and incorporated by reference in this order.
2. Plaintiff's motion to proceed in forma pauperis (doc. 2) is denied pursuant to 28 U.S.C. § 1915(g).
3. Plaintiff's complaint is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
DONE AND ORDERED.