Iheme v. Smith et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 1. Plaintiff Michael Collins Iheme's objections (Doc. No. 15 ) to Magistrate Judge Jeffrey J. Keyes's November 5, 2013 Report and Recommendation are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes 's November 5, 2012 Report and Recommendation (Doc. No. 5 ) is ADOPTED. 3. Plaintiff Michael Collins Iheme's motion to be excused from paying an initial partial filing fee (Doc. No. 4 ) is GRANTED. 4. Plaintiff Michael Collins Iheme' ;s application for leave to proceed in forma pauperis (Doc. No. 2 ) is DENIED. 5. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). 6. Plaintiff Michael Collins Iheme is required to pay the unpaid balance of theCourt filin g fee, namely the full $350, in accordance with 28 U.S.C. § 1915(b)(2). 7. The dismissal of this action is counted as a strike against Plaintiff Michael Collins Iheme for purposes of 28 U.S.C. § 1915(g). (Written Opinion). Signed by Judge Donovan W. Frank on 5/6/2013. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Michael Collins Iheme,

Civil No. 12-2270 (DWF/JJK)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Warden Michelle Smith, Stillwater
Prison, Minnesota; and Tony Forchas,
Minncor Director,
Defendants.

This matter is before the Court upon Plaintiff Michael Collins Iheme’s (“Plaintiff”)
objections (Doc. No. 15) to Magistrate Judge Jeffrey J. Keyes’s November 5, 2012
Report and Recommendation (Doc. No. 5) insofar as it recommends that: (1) Plaintiff’s
motion to be excused from paying an initial partial filing fee be granted; (2) Plaintiff’s
application for leave to proceed in forma pauperis be denied; (3) this action be summarily
dismissed pursuant to 28 U.S.C. § 1915A(b)(1); (4) Plaintiff be required to pay the unpaid
balance of the Court filing fee, namely the full $350, in accordance with 28 U.S.C.
§ 1915(b)(2); and (5) the dismissal of this action be counted as a “strike” against Plaintiff
for purposes of 28 U.S.C. § 1915(g).
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
appears to dispute the dismissal of his claims on the merits pursuant to 28 U.S.C.
§ 1915A(b)(1). The Court finds, as did Magistrate Judge Keyes, that Plaintiff cannot
plead an actionable Title VII claim based on alleged discrimination at a prison job. See
Battle v. Minn. Dept. of Corrections, 40 Fed. Appx. 308, 310 (8th Cir. 2002) (concluding
that inmate was not an employee for purposes of Title VII). Dismissal of his claims is
therefore proper.
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. [15]) to Magistrate

Judge Jeffrey J. Keyes’s November 5, 2013 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Jeffrey J. Keyes’s November 5, 2012 Report and

Recommendation (Doc. No. [5]) is ADOPTED.
3.

Plaintiff Michael Collins Iheme’s motion to be excused from paying an

initial partial filing fee (Doc. No. [4]) is GRANTED.
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4.

Plaintiff Michael Collins Iheme’s application for leave to proceed in forma

pauperis (Doc. No. [2]) is DENIED.
5.

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

§ 1915A(b)(1).
6.

Plaintiff Michael Collins Iheme is required to pay the unpaid balance of the

Court filing fee, namely the full $350, in accordance with 28 U.S.C. § 1915(b)(2).
7.

The dismissal of this action is counted as a strike against Plaintiff

Michael Collins Iheme for purposes of 28 U.S.C. § 1915(g).
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 6, 2013

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

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