Fisherman v. Salazar

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Plaintiff Corey Edward Fisherman's objections (Doc. No. 5 ) to Magistrate Judge Franklin L. Noel's April 16, 2018 Report and Recommendation are OVERRULED. Magistrate Judge Franklin L. Noel� 39;s April 16, 2018 Report and Recommendation (Doc. No. 4 ) is ADOPTED. This matter is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §§ 1915(3)(2)(B)(ii) and 1915A. Plaintiff Corey Edward Fisherman's application to proceed in forma pauperis (Doc. No. 2 ) is DENIED. Plaintiff Corey Edward Fisherman shall pay the unpaid balance of the statutory filing fee for this action ($350) in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the authorities at the institution where Plaintiff is confined. (Written Opinion). Signed by Judge Donovan W. Frank on 5/31/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Corey Edward Fisherman,

Civil No. 17-4348 (DWF/LIB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Ryan Zinke,1 Secretary of the Interior,
Defendant.

This matter is before the Court upon Plaintiff Corey Edward Fisherman’s
(“Plaintiff”) pro se objections (Doc. No. 5) to Magistrate Judge Franklin L. Noel’s
April 16, 2018 Report and Recommendation (Doc. No. 4) insofar as it recommends that:
(1) this matter be dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(3)(2)(B)(ii)
and 1915A; (2) Plaintiff’s application to proceed in forma pauperis be denied; and
(3) Plaintiff pay the unpaid balance of the statutory filing fee for this action ($350) in the
manner prescribed by 28 U.S.C. § 1915(b)(2), and the Clerk of Court provide notice of
this requirement to the authorities at the institution where Plaintiff is confined.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference for purposes of
Plaintiff’s objections. In the Report and Recommendation, the Magistrate Judge

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Plaintiff names Kenneth Lee Salazar in his official capacity as United States
Secretary of the Interior as defendant to this action. Salazar long ago vacated that
office, which is now held by Ryan Zinke. Under Fed. R. Civ. P. 25(d), Zinke is
automatically substituted as defendant to this action.

recommended that this action be dismissed without prejudice based on Plaintiff’s failure
to state a cause of action upon which relief may be granted. Specifically, the Magistrate
Judge found that Plaintiff offers no factual allegations that, if proven true, would
demonstrate that the federal government mismanaged his money held in IIM trust for his
benefit, or that he is entitled to relief for any other reason. In addition, the Magistrate
Judge explained that the allegations in Plaintiff’s complaint are entirely conclusory.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). After this review, the Court finds no reason that would warrant a departure
from the Magistrate Judge’s recommendations. The Magistrate Judge correctly
concluded that Plaintiff has failed to state a claim upon which relief may be granted.
Based upon the de novo review of the record and all of the arguments and submissions of
the parties and the Court being otherwise duly advised in the premises, the Court hereby
enters the following:
ORDER
1.

Plaintiff Corey Edward Fisherman’s objections (Doc. No. [5]) to Magistrate

Judge Franklin L. Noel’s April 16, 2018 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Franklin L. Noel’s April 16, 2018 Report and

Recommendation (Doc. No. [4]) is ADOPTED.

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3.

This matter is DISMISSED WITHOUT PREJUDICE pursuant to

28 U.S.C. §§ 1915(3)(2)(B)(ii) and 1915A.
4.

Plaintiff Corey Edward Fisherman’s application to proceed in forma

pauperis (Doc. No. [2]) is DENIED.
5.

Plaintiff Corey Edward Fisherman shall pay the unpaid balance of the

statutory filing fee for this action ($350) in the manner prescribed by 28 U.S.C.
§ 1915(b)(2), and the Clerk of Court shall provide notice of this requirement to the
authorities at the institution where Plaintiff is confined.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 31, 2018

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

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