Herbert et al v. Obama et al

Filing 15

ORDER ADOPTING 9 REPORT AND RECOMMENDATION: Plaintiff Susan Herbert's applications to proceed in forma pauperis [Doc. Nos. 4 & 5] are DENIED and this action is summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (Written Opinion). Signed by Judge Susan Richard Nelson on 10/24/11. (LPH)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Susan Herbert, et al.,

Civil No. 11-1869 (SRN/SER)

Plaintiffs,
v.

ORDER

Barack Obama, et al.,
Defendants.

SUSAN RICHARD NELSON, United States District Judge
This matter is before the Court for consideration of plaintiff’s Objections (Docket
No. 13) to Magistrate Judge Steven E. Rau’s August 24, 2011 Report and
Recommendation (“R&R”) (Docket No. 9). Judge Rau’s R&R recommends denying
Plaintiff’s Applications to Proceed In Forma Pauperis in District Court (Docket Nos. 4
and 5) and summarily dismissing the action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
This Court has conducted a de novo review of any portion of the R&R to which
Plaintiff has made specific objections. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b);
D. Minn. L.R. 72.02(b). Based on its review, this Court adopts the R&R.
The Court must dismiss an action if the plaintiff fails to state a claim on which
relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).
Like the Magistrate Judge, the Court is unable to identify any claims in Herbert’s
complaint, a legal basis or facts supporting such claims, or any actual relief that Herbert is
seeking.

Based on the foregoing, and all the files, records and proceedings herein, IT IS
HEREBY ORDERED that:
1.

Judge Rau’s Report and Recommendation [Doc. No. 9] is ADOPTED;

2.

Plaintiff Susan Herbert’s applications to proceed in forma pauperis [Doc.

Nos. 4 & 5] are DENIED; and
3.

This action is summarily DISMISSED pursuant to 28 U.S.C. §

1915(e)(2)(B)(ii).
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: October 24, 2011
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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