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13-124 - Brown v. Loomis et al

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13-124 - Brown v. Loomis et al
November 25, 2015
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Report and Recommendation on Case re: 3 Complaint, filed by Edward Earl Brown: For the reasons set forth above and pursuant to Title 28, United States Code, sections 1915A and 1915(e)(2), as well as Title 42, United States Code, section 1997e(a), I recommend to the District Court that Plaintiff's complaint be DISMISSED WITH PREJUDICE as factually frivolous. This dismissal should count as a "strike" or "prior occasion" within the meaning 28 U.S.C. § 1915(g). Magistrate Judge Robert K Roach no longer assigned to case. (Ordered by Magistrate Judge Robert K Roach on 11/25/2015) (plp)
January 12, 2016
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: After making an independent review of the pleadings, files, and records in this case, of the Report and Recommendation of the United States Magistrate Judge (ECF No. 19), and of Plaintiff's objections thereto (ECF No. 22), I am of the opinion that the fact findings and conclusions of lawset forth in the Report and Recommendation of the Magistrate Judge are correct and they are hereby adopted and incorporated by reference as the findings of the Court. For the foregoing reasons, this action is DISMISSED with prejudice pursuant 28 U.S.C. §§ 1915(e)(2)(B)(i) and (ii) as frivolous and for failure to state claim on which relief may be granted. (Ordered by Judge Reed C O'Connor on 1/12/2016) (plp)