Iheme v. MCF - Stillwater Prison Facility et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Michael Collins Iheme's objections (Doc. No. 5 ) to Magistrate Judge Jeffrey J. Keyes's May 25, 2012 Report and Recommendation are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes' s May 25, 2012 Report and Recommendation (Doc. No. 4 ) is ADOPTED. 3. Plaintiff's application to proceed in forma pauperis (Doc. No. 2 ) is DENIED.4. This action is DISMISSED WITHOUT PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 6/20/2012. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Michael Collins Iheme,

Civil No. 12-1043 (DWF/JJK)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

MCF-Stillwater Prison Facility,
and Warden Michelle Smith,
Defendants.

This matter is before the Court upon Plaintiff Michael Collins Iheme’s
(“Plaintiff”) pro se objections to Magistrate Judge Jeffrey J. Keyes’s May 25, 2012
Report and Recommendation insofar as it recommends that: (1) Plaintiff’s application to
proceed in forma pauperis be denied; and (2) this action be dismissed without prejudice.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Plaintiff’s objections.
Having carefully reviewed the record, the Court concludes that Plaintiff’s
objections offer no basis for departure from the Report and Recommendation. Plaintiff
contends that, in the past, he has been denied access to his funds and that Defendants
have retaliated against him. (Doc. No. 5 at 1.) Such allegations, however, do not

overcome the Magistrate’s finding that Plaintiff has failed to pay the partial filing fee
($40.91) within the twenty (20) days ordered by the Court. (Doc. No. 4 at 2; see Doc.
No. 3 at 3-4.) The Court concludes, as did Magistrate Judge Keyes, that Plaintiff has
failed to timely offer a valid excuse for his failure to comply with the Court order
requiring partial payment. (See Doc. No. 3 at 3-4.) Plaintiff’s Complaint is thus
rightfully dismissed and his IFP application is properly denied.
Based upon the de novo review of the record and all of the arguments and
submissions of the parties, and the Court being otherwise duly advised in the premises,
the Court hereby enters the following:
ORDER
1.

Plaintiff Michael Collins Iheme’s objections (Doc. No. [5]) to Magistrate

Judge Jeffrey J. Keyes’s May 25, 2012 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Jeffrey J. Keyes’s May 25, 2012 Report and

Recommendation (Doc. No. [4]) is ADOPTED.
3.

Plaintiff’s application to proceed in forma pauperis (Doc. No. [2]) is

DENIED.
4.

This action is DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 20, 2012

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge