Opinion
No. 09-5422RBL/JRC.
September 25, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, [Dkt. #15], and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant Northrip is DISMISSED WITH PREJUDICE. A Defense Attorney does not act under color of state law. The remaining claims are DISMISSED WITHOUT PREJUDICE as plaintiff must receive relief by way of Habeas Corpus prior to the claims accruing;
(3) All pending motions are DISMISSED as MOOT.
(4) The Clerk is directed to send copies of this Order to plaintiff, and to the Hon. J. Richard Creatura.