Opinion
Civil No. 09-2672 (RHK/RLE).
February 5, 2010
ORDER
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and no objections thereto having been filed, IT IS ORDERED:
1. The Report and Recommendation (Doc. No. 8) is ADOPTED;
2. Plaintiff's Application to Proceed In Forma Pauperis (Doc. Nos. 2, 6) is DENIED AS MOOT; and
3. This action is summarily DISMISSED WITHOUT PREJUDICE pursuant to Title 28 U.S.C. § 1915(e)(2)(B)(ii).