Mayard v. Tallarico et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Elsie M. Mayard's objections (Doc. No. 6 ) to Magistrate Judge Jeffrey J. Keyes's May 16, 2013 Report and Recommendation are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes's May 16, 2013 Report and Recommendation (Doc. No. 5 ) is ADOPTED. 3. Plaintiff's application for leave to proceed in forma pauperis (Doc. No. 2 ) is DENIED. 4. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). (Written Opinion). Signed by Judge Donovan W. Frank on 6/7/2013. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Elsie M. Mayard,

Civil No. 13-661 (DWF/JJK)
Plaintiff,

v.
C
Anthony Tallarico; Carlos Wong; Daniel Freiermuth;
Chad Slagter; Thoms Quinlan; John Harrington;
State of Minnesota; Does 1 through 10, individually
and in their official capacity; and City of St. Paul,

ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendants.

This matter is before the Court upon Plaintiff Elsie M. Mayard’s (“Plaintiff”)
pro se objections to Magistrate Judge Jeffrey J. Keyes’s May 16, 2013 Report and
Recommendation insofar as it recommends that Plaintiff’s application for leave to
proceed in forma pauperis be denied and this action be summarily dismissed pursuant to
28 U.S.C. § 1915(e)(2)(B)(i).
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.
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 Elsie M. Mayard’s objections (Doc. No. [6]) to Magistrate Judge

Jeffrey J. Keyes’s May 16, 2013 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Jeffrey J. Keyes’s May 16, 2013 Report and

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

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

is DENIED.
4.

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

§ 1915(e)(2)(B)(i).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 7, 2013

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

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