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DEMETRIUS WELLS v. MAJOR RANDY PINION.

ORDER

SARAH VANCE, District Judge

The Court, having reviewed de novo the complaint, the applicable law, the Magistrate Judge's Report and Recommendation, and the failure of plaintiff to file any objections to the Magistrate Judge's Report and Recommendation, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion herein.

Accordingly, IT IS ORDERED that plaintiff's Section 1983 complaint is DISMISSED WITH PREJUDICE as legally frivolous and/or for failure to state a claim upon which relief can be granted under 28 U.S.C. § 1915(e)(2) and 42 U.S.C. § 1997e(c)(1). IT IS FURTHER ORDERED that plaintiff's state law negligence claims are DISMISSED WITHOUT PREJUDICE.

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WELLS v. PINION
(May 20, 2008)