Opinion
Case No. 3:10cv31/LAC/EMT.
March 23, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 2, 2011 (Doc. 42). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. This action is DISMISSED for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. The clerk is directed to enter judgment accordingly and close the file.
DONE AND ORDERED this 22nd day of March, 2011.