Opinion
3:23-cv-05803-MJP-DWC
06-03-2024
RICHARD EUGENE YALLUP, JR., Plaintiff, v. JULIE A. OLBERS and CHRISTOPHER A. STONE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
MARSHA J. PECHMAN, 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 has failed to state a claim upon which relief can be granted. Therefore, Plaintiff's claims are dismissed without prejudice and this case be closed. As Plaintiff has failed to state a claim upon which relief can be granted, this dismissal constitutes a “strike” under 28 U.S.C. § 1915(g).
(3) The Clerk is directed to send copies of this Order to Plaintiff and to the Hon. David W. Christel.