Opinion
No. 5:04-CV-110-SPM/AK.
June 6, 2006
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DISMISSING CASe
THIS CAUSE comes before the Court upon the magistrate judge's report and recommendation (doc. 41) dated April 28, 2006. The parties have been furnished a copy and have been afforded an opportunity to file objections. No objections have been filed.
Pursuant to Title 28, United States Code, Section 636(b)(1), I have determined that the report and recommendation should be adopted.
Accordingly, it is
ORDERED AND ADJUDGED as follows:
1. The magistrate judge's report and recommendation (doc. 41) is adopted and incorporated by reference in this order.
2. Defendants' motion for summary judgment (doc. 34) is granted.
3. Plaintiff's complaint (doc. 1) is dismissed for failure to state a claim upon which relief can be granted and for being frivolous and malicious.
4. The clerk shall note on the docket that this case is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and that this dismissal constitutes a second "strike".
DONE AND ORDERED.