MARTINELLI v. MORROW

Filing 43

ORDER ADOPTING the magistrate judge's 39 Report and Recommendation. 2. The defendant's motion to dismiss (doc. 35 ) is GRANTED. 3. This cause is 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. Signed by District Judge M CASEY RODGERS on 1/5/2011. (djb)

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