Filing 39

REPORT AND RECOMMENDATION: 1. That defendant's 35 MOTION to Dismiss Amended Complaint be GRANTED. 2. That this cause be DISMISSED WITH PREJUDICE under 28 U.S.C. §1915(e)(2)(B)(ii) for plaintiff's failure to state a claim upon which relief may be granted. 3. That the clerk be directed to close the file. Signed by MAGISTRATE JUDGE MILES DAVIS on 11/12/2010. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 12/10/2010. (djb) Modified on 11/12/2010 to correct typo (djb).

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