Johnson v. Minnesota Department of Corrections et al

Filing 6

Order Adopting the Report and Recommendation of Magistrate Judge 5 ; Plaintiff's application to proceed in forma pauperis 2 is Denied. Plaintiff's claims under 42 U.S.C. Section 1983 are summarily Dismissed under 28 U.S.C. Section 1915A (b)(1). The Court declines to exercise supplemental jurisdiction over Plaintiff's state-law claims, and those claims are Dismissed without prejudice. Plaintiff must pay the unpaid balance of the Court Filing Fee, $292.00, in accordance with 28 U.S.C. Section 1915(b)(2). LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by The Honorable Paul A. Magnuson on 06/05/2012. (LLM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Lawrence Johnson, Civil No. 12-784 (PAM/JSM) Plaintiff, v. ORDER Minnesota Department of Corrections, Minnesota Correctional Facility Stillwater, Michelle Smith, John King, Lynn Dingle, Joan Fabian, Dennis Benson, Paul Gorder, Steve Rada, Ron Swindell, Terrill Florcyk, Margaret Thom, Loretta Rykes, and John Doe 1-6, Defendants. This matter is before the Court on the Report and Recommendation (“R&R”) of Magistrate Judge Janie S. Mayeron dated May 15, 2012. In the R&R, Magistrate Judge Mayeron recommended that Plaintiff’s claims be dismissed. 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. Plaintiff’s application to proceed in forma pauperis (Docket No. 2) is DENIED; 2. Plaintiff’s claims under 42 U.S.C. § 1983 are summarily DISMISSED under 28 U.S.C. § 1915A(b)(1); 3. The Court declines to exercise supplemental jurisdiction over Plaintiff’s statelaw claims, and those claims are DISMISSED without prejudice; and 4. Plaintiff must pay the unpaid balance of the Court filing fee, namely $292.00, in accordance with 28 U.S.C. § 1915(b)(2). LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: June 5, 2012 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge 2

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