Brown v. Alexander

Filing 6

VACATED PER 10 ORDER: ORDER ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendation and denying 2 Motion for Leave to Proceed in forma pauperis filed by James Edward Brown. This action is DISMISSED on the grounds that it is frivolous, malicious, or fails to state a claim on which relief may be granted (Written Opinion). Signed by Judge Donovan W. Frank on 10/20/08. (GMO) Modified on 12/8/2008 (kt).

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA James Edward Brown, Plaintiff, v. Ms. E. Alexander, DHO Officer, Defendant. ORDER ON REPORT AND RECOMMENDATION Civil No. 08-4936 (DWF/JJG)

James Edward Brown, Pro Se, Plaintiff.

The above-entitled matter came before the Court upon the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. DENIED. 2. This action is SUMMARILY DISMISSED pursuant to 28 U.S.C. Plaintiff=s application to proceed in forma pauperis, (Doc. No. 2), is

' 1915A(b)(1). 3. Plaintiff is REQUIRED to pay the unpaid balance of the Court filing fee,

namely $336.67, in accordance with 28 U.S.C. ' 1915(b)(2).

4.

For purposes of 28 U.S.C. ' 1915(g), this action is DISMISSED "on the

grounds that it is frivolous, malicious, or fails to state a claim on which relief may be granted." Dated: October 20, 2008 s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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