Roach v. Sterns County

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 1. That the Plaintiff's Application to Proceed In Forma Pauperis (Doc. No. 2 ) is DENIED AS MOOT. 2. That this action is summarily DISMISSED pursuant to Title 28 U.S.C. §1915(e)(2)(B)(ii). 3. That the Plaintiff is relieved from paying the filing fee that would otherwise be due from him. 4. That, irrespective of summary dismissal, the action not be counted as a "strike" for purposes of Title 28 U.S.C. §1915(g).(Written Opinion). Signed by Judge Donovan W. Frank on 6/28/2010. (BJS)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Anthony Germaine Roach, Plaintiff, v. Sterns County,1 Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 10-910 (DWF/RLE)

Anthony Germaine Roach, Pro Se, Plaintiff.

Based upon the Report and Recommendation of Chief United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED: 1. That the Plaintiff's Application to Proceed In Forma Pauperis (Doc. No.

[2]) is DENIED AS MOOT. 2. That this action is summarily DISMISSED pursuant to Title 28 U.S.C.

§1915(e)(2)(B)(ii). 3. That the Plaintiff is relieved from paying the filing fee that would otherwise

be due from him.
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We employ the spelling used by the Plaintiff although, undoubtedly, he intended to name Stearns County, Minnesota, as the Defendant.

4.

That, irrespective of summary dismissal, the action not be counted as a

"strike" for purposes of Title 28 U.S.C. §1915(g). LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 28, 2010

s/Donovan W. Frank DONOVAN W. FRANK United States District Judge

2