Mendez v. FMC Rochester et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying as moot 3 Application to Proceed in District Court without Prepaying Fees or Costs filed by Raphael Mendez and 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Raphael Mendez. Case dismissed without prejudice (Written Opinion). Signed by Chief Judge John R. Tunheim on October 12, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA RAPHAEL MENDEZ, Civil No. 17-3768 (JRT/SER) Plaintiff, v. ORDER FMC ROCHESTER, Minnesota Employees and Office Titles AS: ACTING WARDEN et al; SIS COMMUNICATION MONITORING SYSTEM et al, Defendants. Raphael Mendez, 01649-094, FMC Rochester, PMB 4000, Unit ½, Rochester, MN 55903, pro se plaintiff. A Report and Recommendation was filed by Magistrate Judge Steven E. Rau on September 27, 2017 [Docket No. 8]. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, the Court ADOPTS the Report and Recommendation of the Magistrate Judge dated September 27, 2017 [Docket No. 8]. Accordingly, IT IS HEREBY ORDERED that: 1. This action be DISMISSED without prejudice. 2. Plaintiff Mendez’s application for leave to proceed in forma pauperis (Docket Nos. 2-3) be DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 12, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court

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