Opinion
Case No. 4:15-cv-181
03-09-2016
ORDER ADOPTING REPORT AND RECOMMENDATION
The Plaintiff, Delvin Shaw, is an inmate at the North Dakota State Penitentiary. On December 22, 2015, Shaw initiated a pro se civil rights action against the Grand Forks Police Department, Steve Conley, and Mike Jennings. See Docket No. 4. Plaintiff's complaint includes an allegation of an illegal search conducted on his belongings and allegations of false testimony provided by Conley and Jennings. See Docket No. 8.
After screening the complaint as required by 28 U.S.C. § 1915(e)(2), Magistrate Judge Charles S. Miller, Jr. issued a Report and Recommendation on February 8, 2016, in which he recommended Shaw's claims be dismissed without prejudice, unless Shaw files an amended complaint curing deficiencies the report noted. See Docket No. 8. Because Shaw is incarcerated, the time for filing objections to the report was extended until March 8, 2016. No objections were filed.
The Court has carefully reviewed Judge Miller's Report and Recommendation, the relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive. The Plaintiff has failed to state any cognizable claims. Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 8) in its entirety and ORDERS the action be DISMISSED without prejudice.
IT IS SO ORDERED.
Dated this 9th day of March, 2016.
/s/ Daniel L . Hovland
Daniel L. Hovland, District Judge
United States District Court