Opinion
Civil 10-32 JNE/FLN.
February 17, 2010
ORDER
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated October 14, 2009, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis, (Docket No. 2), is DENIED; and
2. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)