Opinion
3:21-CV-5595-DGE-DWC
12-10-2021
KENNETH MAURICE SUTTON, Plaintiff, v. RONALD HAYNES, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID G. ESTUDILLO UNITED STATES DISTRICT JUDGE
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Plaintiff's Amended Complaint is dismissed without prejudice for failure to state a claim and Plaintiff's Motion to Voluntarily Withdraw (Dkt. 8) is denied.
(3) As Plaintiff has failed to state a claim upon which relief can be granted, this dismissal count is a strike. See 28 U.S.C. § 1915(g).
(4) The Clerk is directed to send copies of this Order to Plaintiff and to the Hon. David W. Christel.