Opinion
4:24-cv-00780-JM
11-05-2024
TYRONE R. SMITH ADC #133772 PLAINTIFF v. WELLPATH INCORPORATED, Health Care Provider, ADC, et al. DEFENDANTS
ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge Joe J. Volpe, and Plaintiff's objections. (Doc. 5) Plaintiff has filed objections stating he wants to amend under Rule 15, but he has not provided any information about how his proposed amended allegations would survive screening pursuant to 28 U.S.C. §1915A. After reviewing the record de novo, this Court adopts the Recommendation in its entirety as its findings in all respects.
Therefore, the Complaint (Doc. 2) is DISMISSED without prejudice for failing to state a claim upon which relief may be granted. In the future, dismissal of this action should be counted as a strike under 28 U.S.C. § 1915(g). And it is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.