Opinion
CASE NUMBER: 07-14791.
January 30, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On November 27, 2007, Magistrate Judge Charles Binder submitted a Report and Recommendation ("R R") [Doc. 5] recommending that the Court, sua sponte, dismiss pro se inmate Darrell Davis' complaint with prejudice for failure to state a claim upon which relief may be granted. The Magistrate found that the 42 U.S.C. § 1983 claim against each Defendant fails as a matter of law either because 1) the Defendant is immune to suit, 2) Plaintiff failed assert any allegations against the Defendant, or 3) the allegations made do not support a constitutional claim. Plaintiff objected to the R R [Doc. 8], but failed to establish that the Magistrate erred in his assessment of Plaintiff's complaint. Therefore, the Court adopts the Magistrate Judge's Report and Recommendation. Plaintiff's complaint is DISMISSED WITH PREJUDICE.