Opinion
Case No. C04-2226-JLR-MJB.
February 27, 2006
ORDER DISMISSING § 1983 ACTION
The Court, having reviewed defendants' motion for summary judgment, plaintiff's response, defendants' reply, the Report and Recommendation of the Honorable Monica J. Benton, United States Magistrate Judge, any objections thereto, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendants' motion for summary judgment is GRANTED. The complaint and this action are DISMISSED with prejudice. This dismissal shall count as a dismissal under 28 U.S.C. § 1915(g).
(3) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendants, and to Judge Benton.