Opinion
3:24-CV-00170-BSM
11-20-2024
ORDER
After de novo review of the record, United States Magistrate Judge Joe J. Volpe's recommended disposition [Doc. No. 4] is adopted. Joseph Nard's complaint [Doc. No. 1] is dismissed without prejudice for failure to state a claim upon which relief may be granted and as frivolous, as such, his motion to appoint counsel [Doc. No. 5] is denied. Dismissal of this action in the future will be counted as a strike under 28 U.S.C. section 1915(g) and an in forma pauperis appeal from this order would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED.