Johnson v. A Touch of Class Painting Inc. et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on May 30, 2017. (CLG) cc: Plaintiff. Modified on 5/30/2017 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CLARENCE JOHNSON, CIVIL NO. 17-243 (PJS/DTS) Plaintiff, v. ORDER A TOUCH OF CLASS PAINTING INC., STATE FARM FIRE & CASUALTY CO., and MARK A. WAGNER, Defendants. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge David T. Schultz dated May 8, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. The Court, being duly advised in the premises, upon the Report and Recommendation of the Magistrate Judge, and upon all of the files, records and proceedings herein, now makes and enters the following Order. IT IS HEREBY ORDERED: 1. Plaintiff Clarence Johnson’s Application to Proceed Without Prepayment of Fees [Docket No. 2] is DENIED; and 2. This action is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and for lack of subject matter jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: 5/30/17 s/Patrick J. Schiltz PATRICK J. SCHILTZ United States District Court Judge 2

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