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Sidney Marts v. Albert Yu

December 5, 2011

SIDNEY MARTS, PLAINTIFF,
v.
ALBERT YU, ET AL., DEFENDANTS.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 30, 2011. (Doc. 4). The parties have been furnished a copy of the Report and Recommendation and have 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. Plaintiff's Complaint (doc. 1) is DISMISSED without prejudice as malicious, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I). The dismissal of this case shall count as a strike pursuant to 28 U.S.C. § 1915(g).

M. Casey Rodgers

20111205

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