Opinion
Case No. C11-5238RBL/JRC.
April 29, 2011
ORDER ADOPTING A REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
1. The Court adopts the Report and Recommendation;
2. The motion to proceed in forma pauperis is DENIED. This action is DISMISSED WITHOUT PREJUDICE prior to service as plaintiff may not challenge his criminal sentence in a civil rights action.
3. The Clerk is directed to send a copy of this Order to plaintiff, and to the Hon. J. Richard Creatura.