Summary
dismissing claim of inadequate exercise where "[p]laintiff does not allege that he is denied sufficient opportunity for exercise in order to maintain reasonably good health."
Summary of this case from Ellis v. MohrOpinion
File no: 5:06-CV-100.
September 14, 2006
ORDER APPROVING MAGISTRATE'S REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States Magistrate in this action. The Report and Recommendation was duly served on the parties. Nothing has been filed by either party that would constitute objections.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court.
THEREFORE, IT IS ORDERED that: Plaintiff's motion for disqualification (docket #4) is hereby DENIED.
IT IS FURTHER ORDERED that Plaintiff's complaint is hereby DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b), and 42 U.S.C. § 1997e(c). This dismissal shall count as a strike for purposes of 28 U.S.C. § 1915(g).
The Court further finds that there is no good-faith basis for appeal within the meaning of 28 U.S.C. § 1915(a)(3).