Simmons v. Benson et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Katherine Menendez's July 17, 2017 Report and Recommendation (Doc. No. 6 ) is ADOPTED. 2. This action is SUMMARILY DISMISSED WITHOUT PREJUDICE. 3. Plaintiff Shannon Lee Simmons's application to proceed in forma pauperis (Doc. No. 2 ) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 8/9/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Shannon Lee Simmons,

Civil No. 17-1401 (DWF/KMM)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Theoplias G. Benson and Edgar Hollke,
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Katherine Menendez dated July 17, 2017. (Doc.
No. 6.) No objections have been filed to that Report and Recommendation in the time
period permitted. The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference.
Based upon the Report and Recommendation of the Magistrate Judge and upon all of the
files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Katherine Menendez’s July 17, 2017 Report and

Recommendation (Doc. No. [6]) is ADOPTED.
2.

This action is SUMMARILY DISMISSED WITHOUT PREJUDICE.

3.

Plaintiff Shannon Lee Simmons’s application to proceed

in forma pauperis (Doc. No. [2]) is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 9, 2017

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

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