Opinion
CIVIL ACTION NO. G-04-83.
February 27, 2007
ORDER OF DISMISSAL
Before the Court for its Order of Acceptance is a Report and Recommendation of the United States Magistrate Judge, entered on February 5, 2007, which recommends that the above-styled cause be dismissed with prejudice. In his objections to the Report and Recommendation, Plaintiff reasserts and embellishes already pleaded, self-serving allegations regarding excessive use of force against him by Defendant which are wholly unsubstantiated and fail to show that a genuine issue for trial exists. Failing to meet his burden to show that summary judgment is not appropriate, the Court finds Plaintiff's objections to be without merit.
After de novo review pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is of the opinion that the Report and Recommendation of the Magistrate Judge should be, and it is hereby, ACCEPTED in its entirety and incorporated by reference herein. It is the ORDER of this Court that Defendant's Motion for Summary Judgment is GRANTED and this cause is DISMISSED with prejudice as frivolous and for failure to state a claim for which relief can be granted.