Opinion
Case No. 5:05cv203/RS.
August 23, 2006
ORDER
Before the court is the Magistrate Judge's Report and Recommendation (Doc. 28). Plaintiff has not filed objections.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is approved and is incorporated in this Order.
2. Plaintiff's claims against Defendants Crosby, Whitehead, Wells, Westerfield, Sexton, Ramtree, Joyner, Bullock, and Capers are dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Plaintiff's equal protection claims against Defendants Merritt and Brown are dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
4. Plaintiff's due process claims against Defendants Merritt and Brown are dismissed without prejudice for failure to exhaust administrative remedies.
5. The clerk is directed to close the file.
ORDERED.