Filing 3

ORDER AND RECOMMENDED RULING - MAGISTRATE JUDGE re 1 APPLICATION to Proceed IFP filed by ROBERT D. SPRUILL,, 2 Complaint filed by ROBERT D. SPRUILL, Motions terminated: 1 APPLICATION to Proceed IFP filed by ROBERT D. SPRUILL,. It is therefore O RDERED that this case be filed solely for the purpose of entering this Order and Recommendation. It is RECOMMENDED that plaintiff's request to proceed as a pauper be denied and that this action be dismissed pursuant to 28 U.S.C. 1915 (e) for being frivolous and/or for failing to state a claim upon which relief may be granted. Objections to R&R due by 2/27/2006. Signed by Judge RUSSELL A. ELIASON on 02/03/2006. (McClain, Abby)

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