Opinion
Case Number: 06-13074.
July 24, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING DEFENDANT NALLEY'S MOTION TO DISMISS
This is a Bivens action under 42 U.S.C. §§ 1983, 1985 and 1986. Plaintiff, while a federal prisoner, claims he was wrongfully found guilty of major misconduct. The matter was referred to a magistrate judge for pre-trial proceedings. Defendant Michael K. Nalley filed a motion to dismiss. The magistrate judge issued a report and recommendation (MJRR) recommending that the motion be granted. Plaintiff has not objected to the MJRR.
Having reviewed the MJRR, the Court agrees with the magistrate judge that plaintiff has not stated a claim against defendant Nalley. Accordingly, the findings and conclusions of the magistrate judge are adopted as the findings and conclusions of the Court. Defendant Nalley's motion to dismiss is GRANTED. The case continues against the remaining defendants once they have been properly served.
SO ORDERED.