Schmitz v. Schaffer et al

Filing 9

ORDER Adopting 7 Report and Recommendation; Overruling 8 Objections; denying 2 Application on Proceed in District Court without Prepaying Fees or Costs; summarily dismissing this action. (Written Opinion). Signed by Judge Richard H. Kyle on 02/20/13. (kll) CC: John A. Schmitz on 2/20/2013 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

John A. Schmitz,
Civil No. 12-3054 (RHK/JJG)
Plaintiff,
ORDER
v.
Amy Schaffer, Lori Swanson,
Defendants.

The above-entitled matter came before the Court upon the January 18, 2013
Report and Recommendation of United States Magistrate Judge Jeanne J. Graham.
Objections have been filed to the Report and Recommendation.
Based upon the Report and Recommendation, as well as the undersigned’s de
novo review of the Report and Recommendation and Objections thereto, and upon all of
the files, records and proceedings herein, IT IS ORDERED:
1.

The Objections (Doc. No. 8) are OVERRULED;

2.

The Report and Recommendation (Doc. No. 7) is ADOPTED;

3.

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

4.

This action is summarily DISMISSED pursuant to 28 U.S.C.
' 1915(e)(2)(B)(ii).

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 19, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge