Opinion
Civil No. 09-3731 (DWF/JSM).
April 29, 2010
Jerry W. Smith, Pro Se, Plaintiff.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Plaintiff Jerry W. Smith's ("Plaintiff") objections to Magistrate Judge Janie S. Mayeron's Report and Recommendation dated February 9, 2010, recommending that: (1) Plaintiff's application to proceed in forma pauperis be denied; and (2) this action be summarily dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Plaintiff's objections.
Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1. Plaintiff Jerry W. Smith's objections (Doc. No. [10]) to Magistrate Judge Janie S. Mayeron's Report and Recommendation dated February 9, 2010, are DENIED.
2. Magistrate Judge Janie S. Mayeron's Report and Recommendation dated February 9, 2010 (Doc. No. [9]), is ADOPTED.
4. Plaintiff's application to proceed in forma pauperis, (Doc. No. [5]), is DENIED.
5. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
LET JUDGMENT BE ENTERED ACCORDINGLY.