Opinion
CASE NUMBER: C11-5226RJB
09-19-2011
DAWUD HALISI MALIK aka DAVID WASHINGTON RIGGINS v. ELDON VAIL, et al.
JUDGMENT IN A CIVIL CASE
_ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
×× Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
THE COURT HAS ORDERED THAT
The Court adopts the Report and Recommendation (Dkt. 14);
This action is DISMISSED WITH PREJUDICE for failure to state a claim. See Fed. R. Civ. P. 12(b)(6). This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(e)(2). In forma pauperis status is revoked for purposes of appeal.
Plaintiff's Motion to Appoint Counsel (Dkt. 16) is DENIED on the basis that plaintiff's claim is without merit and plaintiff has failed to show exceptional circumstances.
WILLIAM M. McCOOL
Clerk
CM Gonzalez
Deputy Clerk