FOSTER v. DANIELS

W. WATKINS, District Judge

Before the court are the Recommendation of the Magistrate Judge, (Doc. #4), and Plaintiff's Objection, (Doc. #5). Having conducted a de novo determination of those portions of the Recommendation to which objections are made, it is CONSIDERED and ORDERED as follows:

1. Plaintiff's Objection (Doc. #5) be and the same is hereby OVERRULED;

2. The Recommendation of the Magistrate Judge (Doc. #4) be and the same is hereby ADOPTED, APPROVED and AFFIRMED;

3. This case be and the same is hereby DISMISSED without prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii).