Thompson v. Minnesota Department of Corrections

Filing 7

ORDER denying 4 Application on Proceed in District Court without Prepaying Fees or Costs; adopting Report and Recommendations re 6 Report and Recommendation.; denying 2 Application on Proceed in District Court without Prepaying Fees or Costs(Written Opinion) Signed by Senior Judge David S. Doty on 1/23/2017. (DLO)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 16-2931(DSD/HB) Pete Alan Thompson, Plaintiff, v. ORDER Minnesota Department of Corrections, Defendant. This matter is before the court upon the report and recommendation of Magistrate Judge Hildy Bowbeer dated January 6, 2017 (R&R). The magistrate judge recommended that the complaint be dismissed without prejudice for failure to pay an initial partial filing fee. No objections to the R&R have been filed in the time period permitted. Under these circumstances, the court finds it appropriate adopt the R&R. Plaintiff is free to re-file his complaint and application to proceed without prepaying fees or costs, but he will be required to pay the initial partial filing fee. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R [ECF No. 6] is adopted in its entirety; 2. The complaint [ECF No. 1] is dismissed without prejudice for failure to prosecute; and 3. The applications to proceed in forma pauperis [ECF Nos. 2, 4] are denied without prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: January 23, 2017 s/David S. Doty David S. Doty, Judge United States District Court 2

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