Sailee v. Dakota County et al

Filing 13

ORDER ADOPTING 12 Report and Recommendation; denying 3 Plaintiff's "Notice of Motion and Motion for Order in Pursuant to Rule 28.02 Appeal by Defendant, Subd. 1. Subd. 2.," by Gustry Sailee; denying 8 Motion to Appoint Counsel fi led by Gustry Sailee; and denying 2 Motion for Leave to Proceed in forma pauperis filed by Gustry Sailee. This action is dismissed "on the grounds that it is frivolous, malicious, or fails to state a claim on which relief may be granted." Signed by Judge James M. Rosenbaum on 3/31/2009. (HLW)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA GUSTRY SAILEE, Plaintiff, v. DAKOTA COUNTY, DAKOTA COUNTY EMPLOYEES, DEPUTYS, AGENTS, AGENCY, JUDGES, MR. SPICER, MR. PERKINS, MS. SIMONEHE, MIRAM REA, BRENDA LIGHTBODY, TERRY KELLEY, MS. FYKEN, LOREN C. HANSON, JOE DALANGER, MR. JONES, SENIOR NOTARY, SOCIAL SERVICES, FIRST JUDICIAL DAKOTA COUNTY, and DAKOTA COUNTY LAW ENFORCEMENT CENTER, Defendants. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated March 13, 2009. 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, upon all of the files, records and proceedings herein, now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. DENIED; 2. DENIED; 3. Plaintiff's "Notice of Motion and Motion for Order in Pursuant to Rule 28.02 Plaintiff's pending motion for appointment of counsel, (Docket No. 8), is Plaintiff's applications to proceed in forma pauperis, (Docket No. 2), is ORDER CIVIL NO. 08-5942 (JMR/JSM)

Appeal by Defendant, Subd. 1. Subd. 2.," (Docket No. 3), is DENIED;

4.

This action is SUMMARILY DISMISSED pursuant to 28 U.S.C.

§ 1915A(b)(1); 5. Plaintiff is required to pay the unpaid balance of the Court filing fee, namely

the full $350.00, in accordance with 28 U.S.C. § 1915(b)(2); and 6. 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: March 31, 2009 s/James M. Rosenbaum JAMES M. ROSENBAUM United States District Judge

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