Wheeler v. DeSautel et al

Filing 27

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS; denying 22 Motion for Leave to Appeal in forma pauperis by Chief Judge Ralph R. Erickson. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
LeRoy K Wheeler,

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Plaintiff,
vs.
Rena M. DeSautel, Diane J. Manthei, and
Mark J. McCarthy,

Case No. 2:12-cv-45
ORDER ADOPTING
REPORT AND RECOMMENDATION

Defendants.
The Court has received a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, recommending that LeRoy Wheeler’s motion to proceed in forma
pauperis be denied (Doc. #25). Wheeler objects on the grounds that his conviction was obtained
illegally and that he is being denied the opportunity to be heard.
The Court has reviewed the Report and Recommendation, along with the entire record in this
matter, and finds that the Magistrate Judge’s position is correct. The Court adopts the Report and
Recommendation in its entirety and ORDERS that Wheeler’s motion is DENIED.
IT IS SO ORDERED.
Dated this 25th day of January, 2013.
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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