Latimer v. Minnesota, State of et al

Filing 7

ORDER ADOPTING 5 Report and Recommendation; OVERRULING 6 Objections; DENYING 3 Motion for Leave to Proceed in forma pauperis; summarily DISMISSING this action and requiring Plaintiff to pay the unpaid balance of the Court filing fee; counting dismissal of this action as a "strike" against Plaintiff for purposes of 28 U.S.C. Section 1915(g). (Written Opinion). Signed by Judge Richard H. Kyle on 03/08/10. (kll)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Mark Latimer, Plaintiff, v. State of Minnesota, Minnesota Department of Corrections, Minnesota Department of Human Services, Defendants.

Civ. No. 09-3108 (RHK/JJK) ORDER

In a December 8, 2009, Report and Recommendation, Magistrate Judge Jeffrey J. Keyes has recommended, inter alia, that the instant action be summarily dismissed pursuant to 28 U.S.C. § 1915A(b). Plaintiff has filed what the Court construes as Objections. The undersigned has reviewed de novo the Report and Recommendation and Defendant's Objections thereto and concludes that the recommendations of Judge Keyes are fully supported by the record before him and applicable legal precedent. Accordingly, IT IS ORDERED: 1. 2. 3. DENIED; 4. 5. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915A(b); Plaintiff is required to pay the unpaid balance of the Court filing fee, namely the Defendant's Objections (Doc. No. 6) are OVERRULED; The Report and Recommendation (Doc. No. 5) is ADOTPED; Plaintiff's application for leave to proceed in forma pauperis (Doc. No. 3), is

full $350, in accordance with 28 U.S.C. § 1915(b)(2); and

6.

The dismissal of this action is counted as a "strike" against Plaintiff for purposes

of 28 U.S.C. § 1915(g). LET JUDGMENT BE ENTERED ACCORDINGLY Dated: March 8, 2010 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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