Stroeder v. Fabian et al

Filing 5

REPORT AND RECOMMENDATION: 1. Plaintiff's application to proceed in forma pauperis, (Docket No. 2 ), be DENIED; 2. Plaintiff's motion for appointment of counsel, (Docket No. 4 ), be DENIED; 3. This action be SUMMARILY DISMISSED pursuant t o 28 U.S.C. ' 1915(e)(2)(B)(ii); 4. Plaintiff be 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 5. The dismissal of this action be counted as a "strike" against Plaintiff for purposes of 28 U.S.C. ' 1915(g). Objections to R&R due by 12/22/2010 Signed by Magistrate Judge Jeffrey J. Keyes on 12/07/2010. (MMP)

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