Fox v. Lower Sioux Tribal Court et al

Filing 14

ORDER ADOPTING 13 Report and Recommendation. Plaintiff's 2 Application to Proceed in District Court without Prepaying Fees or Costs is denied. Plaintiff's remaining motions 3 Motion to Appoint Counsel 4 Motion to Transfer/Chan ge Venue, Motion to Reconsider, Motion for Miscellaneous Relief, 10 Motion to Alter/Amend/Supplement Pleadings, 11 Motion to Transfer/Change Venue, Motion to Disqualify District Judge are denied as moot, (Written Opinion). Signed by Judge Ann D. Montgomery on 10/16/14. (JME) cc: Deago Evan Fox. Modified on 10/16/2014 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Deago Evan Fox, also known as,
Brendan Evan Hole,
Civil 14-3125 ADM/FLN
Plaintiff,
v.

ORDER

Lower Sioux Tribal Court, and,
Judge Andrew Small,
Defendants.
________________________________________________
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United
States Magistrate Judge Franklin L. Noel dated September 24, 2014, all the files and records, and
no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that
1. Plaintiff’s application to proceed in forma pauperis, (ECF No. 2), is DENIED;
2. This action is SUMMARILY DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)
and 28 U.S.C. § 1915A(b)(1);
3. Plaintiff is required to pay the unpaid balance of the Court filing fee, namely $400.00,
in accordance with 28 U.S.C. § 1915(b)(2);
4. For purposes of 28 U.S.C. § 1915(g), this action is dismissed “on the grounds that it is
frivolous, malicious, or fails to state a claim on which relief may be granted”; and
5. Plaintiff’s remaining motions for Appointment of Counsel (ECF No. 3), for Hearing
of Review/Change of Venue (ECF No. 4); to Alter/Amend/Supplement Pleadings (ECF No. 10);
and to Transfer/Change Venue and/or Recusal of the Bench (ECF No. 11), are DENIED AS

MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: October 16, 2014

s/Ann D. Montgomery
ANN D. MONTGOMERY
United States District Court Judge