Latimer v. Warden of Moose Lake

Full title: Mark Latimer, Plaintiff, v. Warden of Moose Lake, MSPO Director Greg…

Court: United States District Court, D. Minnesota

Date published: Mar 8, 2010

Civ. No. 09-3211 (RHK/JJK) (D. Minn. Mar. 8, 2010)

Opinion

Civ. No. 09-3211 (RHK/JJK).

March 8, 2010

ORDER

RICHARD KYLE, District Judge

In a December 8, 2009, Report and Recommendation, Magistrate Judge Jeffrey J. Keyes has recommended, inter alia, that the instant action be summarily dismissed pursuant to 28 U.S.C. § 1915A(b). Plaintiff has filed what the Court construes as Objections.

The undersigned has reviewed de novo the Report and Recommendation and Defendant's Objections thereto and concludes that the recommendations of Judge Keyes are fully supported by the record before him and applicable legal precedent. Accordingly, IT IS ORDERED:

1. Defendant's Objections (Doc. No. 6) are OVERRULED;

2. The Report and Recommendation (Doc. No. 5) is ADOTPED;

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

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

5. 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

6. 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