Washington v. BNSF Railway et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 3 Application to Proceed in District Court without Prepaying Fees or Costs filed by Vanoka J Washington, and denying 4 Motion to Appoint Counsel filed by Vanoka J Washington (Written Opinion). Signed by Chief Judge John R. Tunheim on February 2, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA VANOKA J. WASHINGTON, Civil No. 16-4100 (JRT/BRT) Plaintiff, v. BNSF RAILWAY “John Doe” Owner Partner(s) - et al.; Respondeat Superior “John Doe” BNSF Railway Engineer - Inspector Employee, ORDER ON REPORT AND RECOMMENDATION Defendants. Vanoka J. Washington, 1142 Superior Street, Aurora, IL 60505, pro se plaintiff. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated January 6, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. This matter is SUMMARILY DISMISSED WITHOUT PREJUDICE pursuant to U.S.C. § 1915(e)(2)(B). 2. Plaintiff Vanoka J. Washington’s application to proceed in forma pauperis is DENIED. 3. Washington’s motion for appointment of counsel (Doc. No. 4) is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 2, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court 2

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