Opinion
Case No.: 3:11cv51/MCR/EMT.
April 12, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 14, 2011. (Doc. 5). 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 any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, 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 action is DISMISSED for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. The clerk is directed to enter judgment accordingly and close the file.
DONE AND ORDERED this 12th day of April, 2011.