Stroeder v. Fabian et al

Filing 6

Order Adopting the Report and Recommendation 5 ; Denying Plaintiff's Motion for Leave to Proceed in forma pauperis 2 ; and Denying Plaintiff's Motion to Appoint Counsel 4 . This action is Dismissed with Prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 12/30/2010. (LM)

Stroeder v. Fabian et al

Doc. 6

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Nicholas Stroeder, Plaintiff, v. Joan Fabian, Bruce Rieser, Sandra O'Hara, Katie Mack, Mike Kunzie, and Mary Martin, Defendants.

Civil No. 10-4415 (PAM/JJK)

ORDER

This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Jeffrey J. Keyes dated December 7, 2010. In the R&R, Magistrate Judge Keyes reviewed Plaintiff's "Complaint for Violation of Civil Rights under 42 U.S.C. § 1983" (Docket No. 1), Motion for Leave to Proceed in forma pauperis (Docket No. 2), and Motion to Appoint Counsel (Docket No. 4) pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1. The Magistrate Judge's review satisfies this Court's initial screening function under 28 U.S.C. § 1915A. Plaintiff has failed to file objections to the R&R in the time period permitted. The Court therefore ADOPTS the R&R (Docket No. 5). Accordingly, IT IS HEREBY ORDERED that: 1. 2. The Report and Recommendation (Docket No. 5) is ADOPTED; Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 2) is DENIED;

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2. 3.

Plaintiff's Motion to Appoint Counsel (Docket No. 4) is DENIED; This action is summarily DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);

4.

Plaintiff is required to pay the unpaid balance of the filing fee, namely the full $350.00, in accordance with 28 U.S.C. § 1915(b)(2); and

5.

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: Thursday, December 30, 2010

s/ Paul A. Magnuson
Paul A. Magnuson United States District Court Judge

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