Welch v. Plesha et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Application to Proceed in forma pauperis filed by Gregory Alexander Welch, 5 Report and Recommendation, (Written Opinion). Signed by Judge Ann D. Montgomery on 2/5/2009. (GS)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gregory Alexander Welch, Plaintiff, v. Assistant Ramsey County Attorneys Robert A. Plesha and David E. Miller, and Ramsey County Judges Gary W. Bastian and M. Michael Monahan, et al., Defendants. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated January 7, 2009, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis, (Docket No. 2), is DENIED; 2. This action is SUMMARILY DISMISSED pursuant to 28 U.S.C. 1915A(b); 3. Plaintiff is required to pay the unpaid balance of the Court filing fee, namely $341.09, in accordance with 28 U.S.C. 1915(b)(2); and 4. The dismissal of this action is treated as a "strike" against Plaintiff for ORDER Civil 08-6330 ADM/FLN purposes of 28 U.S.C. 1915(g). DATED: February 5, 2009 at Minneapolis, Minnesota s/Ann D. Montgomery JUDGE ANN D. MONTGOMERY United States District Court

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