Micius et al v. Northern States Power Compnay et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendation. Plaintiffs' applications for IFP is DENIED 2 , Plaintiffs' Motion for Relief 4 is DENIED, and this action is summarily DISMISSED. Signed by Chief Judge Michael J. Davis on 12/9/08. (kmw)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Jimmy J. Micius and Elsie M. Mayard, Plaintiffs, v. Northern States Power Company, d/b/a Excel Energy, et al., Defendants. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated November 13, 2008, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiffs' applications for leave to proceed in forma pauperis, (Docket Nos. 2 and 3), is DENIED; 2. Plaintiffs' "Motion For Unjunction [sic] Relief And Restraining Order Rule 65(d)," (Docket No. 4), is summarily DENIED; and 3. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). ORDER Civil 08-5854 MJD/FLN

DATED: December 9, 2008. at Minneapolis, Minnesota

s/Michael J. Davis CHIEF JUDGE MICHAEL J. DAVIS United States District Court