June 16, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated May 16, 2008, was on that date duly served by mail upon the pro se plaintiff at his last known address; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge dated May 16, 2008, is hereby APPROVED AND ADOPTED as the opinion of the court.
2. That all of the plaintiff's claims against defendants Epps, Kelly, Battle, and DeAngelo are hereby DISMISSED with prejudice for failure to state a claim upon which relief could be granted.
3. That the plaintiff's claims against defendants Carter, Johnson, Mazes, and Carr shall proceed.