Citation Codes Equivalent Citations citation codes Docket Number Case No. CIV-08-254-M. Judges Vicki Miles-LaGrange Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. CHRISTOPHER SNIDER, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, et. al., Defendants. ORDER VICKI MILES-LaGRANGE, District Judge On October 6, 2008, United States Magistrate Judge Valerie Couch issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, seeking damages for alleged constitutional violations committed by defendants. The Magistrate Judge recommends that plaintiff's Amended Complaint be dismissed without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Magistrate Judge further recommends that the dismissal be counted as a "prior occasion" or "strike" pursuant to 28 U.S.C. § 1915(g) after the plaintiff has exhausted or waived his right to appeal. The Magistrate Judge also recommends that the plaintiff's: Motion for Subpoena for Court Documents for Preliminary Hearing [docket no. 9], Motion to Subpoena Witnesses [docket no. 10], Motion to Produce Evidence for Use at Preliminary Hearing [docket no. 11], Motion to Subpoena Evidence [docket no. 12], Motion to Subpoena Court Documents [docket no. 36], Motion to Subpoena Documents [docket no. 37], and Motion to Subpoena Reports [docket no. 38] all be denied as moot. The parties were advised of their right to object to the Report and Recommendation by October 27, 2008. A review of the file reveals no objection has been filed. Upon de novo review, the Court: (1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on October 6, 2008; (2) GRANTS the motion to dismiss the Amended Complaint for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); (3) ORDERS that the dismissal be counted as a "prior occasion" or "strike" pursuant to 28 U.S.C. § 1915(g) after the plaintiff has exhausted or waived his right to appeal; (4) DENIES as MOOT plaintiff's: Motion for Subpoena for Court Documents for Preliminary Hearing [docket no. 9], Motion to Subpoena Witnesses [docket no. 10], Motion to Produce Evidence for Use at Preliminary Hearing [docket no. 11], Motion to Subpoena Evidence [docket no. 12], Motion to Subpoena Court Documents [docket no. 36], Motion to Subpoena Documents [docket no. 37], and Motion to Subpoena Reports [docket no. 38]. This Order effectively terminates this action in this Court. IT IS SO ORDERED.