Stoe v. Fosston Family Dental et al

Filing 6

ORDER ADOPTING 5 Report and Recommendation; DENYING AS MOOT 2 Plaintiff's application to proceed in forma pauperis; summarily dismissing without prejudice this action. (Written Opinion). Signed by Judge Richard H. Kyle on 02/05/10. (kll)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________________ Tammy Lynn Stoe, Plaintiff, vs. Fosston Family Dental, et al., Defendants. ______________________________________________________________________________ Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and no objections thereto having been filed, IT IS ORDERED: 1. The Report and Recommendation (Doc. No. 5) is ADOPTED; 2. Plaintiff's Application to Proceed In Forma Pauperis (Doc. No. 2) is DENIED AS MOOT; and 3. This action is summarily DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and for lack of prosecution. Dated: February 5, 2010 s/Richard H. Kyle RICHARD H. KYLE United States District Judge Civil No. 09-2673 (RHK/RLE) ORDER