January 23, 2014
ERVIN BANKS, Plaintiff,
KENT W. UNDERWOOD, Defendant.
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 Karen L. Strombom, United States Magistrate Judge. Dkt. 5. 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;
(2) This action is DISMISSED without prejudice prior to service for failure to state a claim; and
(3) Plaintiff's application to proceed in forma pauperis is DENIED.