Opinion
Case No. 5:11cv170-SPM/EMT.
July 26, 2011
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation (doc. 7). Plaintiff was furnished a copy and has filed an objection (doc. 9). Pursuant to Title 28, United States Code, Section 636(b)(1), this Court has made a de novo determination of those portions to which an objection has been made. Despite Plaintiff's objection, this Court finds that the Report and Recommendation is legally accurate and should be adopted. Accordingly, it is ORDERED AND ADJUDGED:
adopted and incorporated dismissed without prejudice 28 U.S.C. § 1915 28 U.S.C. § 1915 28 U.S.C. § 1915
1. The Magistrate Judge's Report and Recommendation (doc. 7) is by reference into this order. 2. Plaintiff's complaint is hereby for failure to state a claim upon which relief can be granted pursuant to (e)(2). 3. The Clerk of Court shall note on the docket that this cause was dismissed pursuant to (e)(2)(B)(ii) and thereby constitutes a "strike" within the meaning of (g). 4. The Clerk of Court is instructed to close this case. DONE AND ORDERED.