Blue v. Fabian

Full title: LONER BLUE, Plaintiff, v. JOAN FABIAN, MN-DOC Commissioner, JESSICA…

Court: United States District Court, D. Minnesota

Date published: Sep 10, 2010

Civil No. 10cv3394 DSD/AJB (D. Minn. Sep. 10, 2010)

Opinion

Civil No. 10cv3394 DSD/AJB.

September 10, 2010

ORDER

DAVID DOTY, Senior District Judge

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Arthur J. Boylan dated August 23, 2010, all the files and records, and no objections having been filed to said Recommendation,

IT IS HEREBY ORDERED that:

1. Plaintiff's application for leave to proceed in forma pauperis, (Docket No. 2), is DENIED;

2. This action is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1);

3. Plaintiff is required to pay the unpaid balance of the Court filing fee, namely the full $350, in accordance with 28 U.S.C. § 1915(b)(2); and

4. The dismissal of this action is counted as a "strike" against Plaintiff for purposes of 28 U.S.C. § 1915(g).

LET JUDGMENT BE ENTERED ACCORDINGLY

Dated: September 10, 2010