January 2, 2014
BOBBY W. WELLS, Plaintiff,
MICHAEL ALBERTS, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE, District Judge.
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 11. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED; and
(2) The Court dismisses this action prior to service for the reasons stated in the Report and Recommendation. The Court finds this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(e)(1) and (g) because the action is dismissed for failure to state a claim. The court revokes in forma pauperis status for the purpose of appeal.