Opinion
Civil Action No. 11-1605
02-09-2012
ANTHONY PRENTICE, Plaintiff, v. CARLA DIMATTEO, Defendant.
District Judge Nora Barry Fischer
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No. 1) on December 19, 2011, and was referred to a united states magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On January 18, 2012, the Magistrate Judge filed a Report and Recommendation (ECF No. 12) recommending that the Complaint be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff filed Objections to the Report and Recommendation on February 6, 2012 (ECF No. 13). Plaintiffs Objections do not undermine the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 9th day of February, 2012;
IT IS HEREBY ORDERED that the Complaint is DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) and it would be futile to allow Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 12) dated January 18, 2012, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
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Nora Barry Fischer
United States District Judge
cc: Anthony Prentice 74880
Nevada Department of Corrections
P.O. Box 1989
4569 North State Rt.
Ely, NV 89301