O'Neal v. Quanbeck et al

Filing 24

ORDER denying 2 Application on Proceed in District Court without Prepaying Fees or Costs; Adopting 23 Report and Recommendation; summarily dismissing this action; requiring Plaintiff to pay the unpaid balance of the Court filing fee; counting this dismissal as a "strike" against Plaintiff for purposes of 28 U.S.C. Section 1915(g). (Written Opinion). Signed by Judge Richard H. Kyle on 02/05/13. (kll) cc: Charles R. O'Neal. Modified on 2/5/2013 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Charles R. O’Neal,

Civil No. 12-2105 (RHK/JSM)

Plaintiff,

ORDER

v.
Dr. Stanley Quanbeck, et.al.,
Defendants.
________________________________________________________________________
This matter is before the Court on the Report and Recommendation of United States
Magistrate Judge Janie S. Mayeron dated January 4, 2013. No objections have been filed to that
Report and Recommendation in the time period permitted.
Based on the Report and Recommendation of the Magistrate Judge and upon all files,
records and proceedings herein, IT IS ORDERED:
1.

The Report and Recommendation (Doc. No. 23) is ADOPTED:

2.

Plaintiff=s application for leave to proceed in forma pauperis (Doc. No. 2) is
DENIED;

3.

This action is summarily DISMISSED pursuant to 28 U.S.C. ' 1915A(b)(1);

4.

Plaintiff is required to pay the unpaid balance of the Court filing fee, namely the
sum of $278.32, in accordance with 28 U.S.C. ' 1915(b)(2); and

5.

The dismissal of this action shall be counted as a Astrike@ against Plaintiff for
purposes of 28 U.S.C. ' 1915(g).

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 5, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Court