Opinion
1:21-cv-00186
06-28-2022
JAMES W. THURMAN Plaintiff, v. DERREK SAXE; JOE GUY, Sheriff, and JERRY WATTENBERG, Defendants.
JUDGMENT ORDER
CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE
United States Magistrate Judge Christopher H. Steger filed a report and recommendation (the “R&R”) on whether Plaintiff's action was frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). (Doc. 14 at 1.) Plaintiff brought a claim under 42 U.S.C. § 1983 alleging that Defendants came to his house on November 11, 2021, to discuss a gun and that they did not wear masks while doing so. Plaintiff alleges that he could have died because they did not wear masks. (Id.) The R&R recommends this action be dismissed without prejudice because the action is frivolous and there “is no constitutional cause of action solely for moral indignation.” (Id. at 2.) Specifically, “Plaintiff does not allege that he became ill after Defendants' visit, nor does he state which constitutional provision Defendants allegedly violated.” (Id. at 1.) Neither party has objected to the R&R within fourteen days.
After reviewing the record, the Court agrees with the R&R (Doc. 14). The Court hereby ACCEPTS and ADOPTS the R&R (Doc. 14), and the case is DISMISSED WITHOUT PREJUDICE.
SO ORDERED.