Opinion
Civil No. 09-2673 (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. 5) is ADOPTED;
2. Plaintiff's Application to Proceed In Forma Pauperis (Doc. No. 2) is DENIED AS MOOT; and
3. This action is summarily DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and for lack of prosecution.