Kern v. Balland et al

Filing 5

ORDER denying 2 Application on Proceed In Forma Pauperis in District Court; Adopting 4 Report and Recommendation; summarily dismissing this action. (Written Opinion). Signed by Judge Richard H. Kyle on 09/22/11. (kll)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA __________________________________________________________________________ Victor M. Kern, Civil No. 11-2467 (RHK/LIB) Plaintiff, ORDER vs. Timothy J. Balland, Sally I. Robertson, Wadena County Attorney’s Office, Defendants. __________________________________________________________________________ Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS ORDERED: 1. The Report and Recommendation (Doc. No. 4) is ADOPTED; 2. Plaintiff’s application to proceed in forma pauperis (Doc. No. 2) is 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: September 22, 2011 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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