Opinion
CIVIL ACTION NO. 06-5363, SECTION "C" (4).
November 28, 2006
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that Leroy a/k/a Derek McSmith's complaint against United States District Judge Kurt D. Engelhardt be DISMISSED WITH PREJUDICE as legally and factually frivolous and otherwise for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B).