Moore v. Dalrymple

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATION; denying 2 Motion for Leave to Proceed in forma pauperis; finding as moot 4 Motion to Appoint Counsel ; finding as moot 5 Motion for Order to Show Cause; and denying 9 Motion for Leave to Appeal in forma pauperis by Chief Judge Ralph R. Erickson.(SH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Anthony Moore, Plaintiff, -vsJack Dalrymple, Governor, Defendant. ) ) ) ) ) ) ) ) ) Civil No. 3:13-cv-40 ORDER ADOPTING REPORT AND RECOMMENDATION The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that the Clerk be directed not to file the complaint and to deny Moore’s request to proceed in forma pauperis both in this Court and on appeal (Doc. #10). Moore has not filed an objection to the Report and Recommendation within the requisite time period. After a careful review of the magistrate judge’s Report and Recommendation and the entire record, the Court finds the magistrate judge’s analysis is correct. The Clerk is directed not to file the complaint. Moore’s motions to proceed in forma pauperis (Docs. #2 & 9) are DENIED. Moore’s motions for counsel (Doc. #4) and for an order to show cause (Doc. #5) are DISMISSED as MOOT. IT IS SO ORDERED. Dated this 20th day of November, 2013. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

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