Opinion
Case No.: 3:09cv75/LAC/EMT.
October 20, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 9, 2009 (Doc. 31). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. This cause is DISMISSED for failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. Judgment shall be entered accordingly.
DONE AND ORDERED.