Opinion
5:10CV00140 JLH/JTR.
June 17, 2010
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Pursuant to 28 U.S.C. § 1915A, Defendant CMS is DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state a viable claim against it.
2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma pauperis appeal from this Order would not be taken in good faith.