Holbach v. Stenjehem

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS denying Holbach's 1 Motion for Leave to Proceed in forma pauperis by Judge Daniel L. Hovland.(QF) Distributed on 3/26/2013. (rs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Mitchell David Holbach,
Plaintiff,
vs.
Wayne Stenejhem,
North Dakota Attorney General
Defendants.

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ORDER ADOPTING
REPORT AND RECOMMENDATION
Case No. 1:12-cv-170

On December 27, 2012, the Plaintiff, Mitchell Holbach, filed a PLRA Packet and a motion for
leave to proceed in forma pauperis. See Docket Nos. 1 and 2. On February 13, 2013,, Magistrate
Judgment Charles S. Miller, Jr.’s issued a Report and Recommendation which concludes that Holbach has
accumulated “three strikes” under 28 U.S.C. § 1915(g), and recommends that the motion for leave to
proceed in forma pauperis should be denied and the complaint be dismissed without prejudice unless
Holbach has paid the full filing fee within thirty (30) days. See Docket No. 10, p. 5. On March 6, 2013,
Holbach filed an objection. See Docket No. 11. The Court has carefully reviewed the Report and
Recommendation (Docket No. 10), the entire record, and the relevant law, and finds the Report and
Recommendation to be persuasive. The Court ADOPTS the Report and Recommendation (Docket No. 14)
in its entirety; DENIES the motion to proceed in forma pauperis (Docket No. 1); and ORDERS that unless
Holbach has paid the filing fee within thirty (30) days the complaint (Docket No. 2) shall be dismissed
without prejudice.

IT IS SO ORDERED
Dated this 26th day of March, 2013.

/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court