JANET T. NEFF, District Judge.
Pursuant to 42 U.S.C. § 1983, Plaintiff filed this prisoner civil rights action on October 5, 2017, alleging that Defendant opened Plaintiff's legal mail outside Plaintiff's presence (ECF No.
1). On October 6, 2017, this Court issued an Order permitting Plaintiff to proceed in forma pauperis (ECF No. 3). On March 5, 2019, Defendant filed a Motion for Order to Revoke Plaintiff's In Forma Pauperis Status and To Dismiss (ECF No. 33). Plaintiff did not file any response to the motion. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (R&R, ECF No. 37) on March 25, 2019, recommending that this Court grant Defendant's motion. The matter is presently before the Court on Plaintiff's April 11, 2019 objections to the Report and Recommendation (ECF No. 39).
Plaintiff makes two arguments in his objections. First, Plaintiff argues that the Magistrate Judge erred in ruling on Defendant's motion "before [he] was allowed to proceed forward" (Pl. Obj., ECF No. 39 at PageID.261). Plaintiff's argument lacks merit. The Magistrate Judge issued the Report and Recommendation well after the expiration of the 14-day response period for nondispositive motions.
Second, Plaintiff argues that his in forma pauperis status should not be revoked because he is "in imminent danger of serious physical injury because continuously having misplaced, lost and not constitutionally placed legal mail handled properly can cause serious injury" (Pl. Obj., ECF No. 39 at PageID.261). The Magistrate Judge considered Plaintiff's argument and concluded that Plaintiff "failed to allege facts which show that he was under imminent danger of serious physical injury at the time he filed his complaint" (R&R, ECF No. 37 at PageID.255). Plaintiff's argument fails to demonstrate any factual or legal error in the Magistrate Judge's conclusion. Accordingly, this Court adopts the Magistrate Judge's Report and Recommendation as the Opinion of this Court.