Mendez v. FMC Rochester, MN et al

Filing 6

ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis, adopting 3 Report and Recommendation, and dismissing matter for lack of subject matter jurisdiction. Signed by Judge James M. Rosenbaum on August 10, 2007. (kl)

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Mendez v. FMC Rochester, MN et al Doc. 6 Case 0:07-cv-02609-JMR-RLE Document 6 Filed 08/10/2007 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 07-CV-2609(JMR/RLE) Raphael Mendez v. FMC-Rochester et al. ) ) ) ) ) ORDER Plaintiff objects to the Report and Recommendation, issued June 12, 2007, by the Honorable Raymond L. Erickson, United States Magistrate Judge. Plaintiff's objections to the Report were timely filed pursuant to Local Rule 72.1(c)(2). Based upon a de novo review of the record herein, the Court adopts the Magistrate's Report and Recommendation [Docket No. 3]. Accordingly, IT IS ORDERED that: 1. Plaintiff's complaint is dismissed for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(h)(3). 2. Plaintiff's application to proceed in forma pauperis [Docket No. 2] is denied as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 10th, 2007 s/ James M. Rosenbaum JAMES M. ROSENBAUM United States Chief District Judge

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