Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: ORDER ADOPTING THE MAGISTRATE JUDGE'S AMENDED SECOND REPORT AND RECOMMENDATION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's amended second report and recommendation (doc. 36) docketed July 16, 2018. The magistrate judge recommends that the plaintiff's case be dismissed for failure to state a claim. The plaintiff has filed objections (docs. 38 & 39) to the report and recommendation. Having reviewed the record in light of the plaintiff's objections, t
Summary: ORDER ADOPTING THE MAGISTRATE JUDGE'S AMENDED SECOND REPORT AND RECOMMENDATION WILLIAM STAFFORD , Senior District Judge . Before the court is the magistrate judge's amended second report and recommendation (doc. 36) docketed July 16, 2018. The magistrate judge recommends that the plaintiff's case be dismissed for failure to state a claim. The plaintiff has filed objections (docs. 38 & 39) to the report and recommendation. Having reviewed the record in light of the plaintiff's objections, th..
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ORDER ADOPTING THE MAGISTRATE JUDGE'S AMENDED SECOND REPORT AND RECOMMENDATION
WILLIAM STAFFORD, Senior District Judge.
Before the court is the magistrate judge's amended second report and recommendation (doc. 36) docketed July 16, 2018. The magistrate judge recommends that the plaintiff's case be dismissed for failure to state a claim. The plaintiff has filed objections (docs. 38 & 39) to the report and recommendation.
Having reviewed the record in light of the plaintiff's objections, the court finds that the magistrate judge's amended second report and recommendation is due to be adopted because the plaintiff has, indeed, failed to state a claim upon which relief may be granted as to any of the defendants. Accordingly, it is ORDERED:
1. The magistrate judge's amended second report and recommendation (doc. 36) is hereby ADOPTED and incorporated by reference in this order.
2. The plaintiff's amended complaint and this action are DISMISSED for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
3. The clerk shall enter judgment stating: "All claims are dismissed."
4. The clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
5. The plaintiff's motion (doc. 35) for stay pending exhaustion is DENIED.
DONE AND ORDERED.
