Stroeder v. Fabian

Full title: Nicholas Stroeder, Plaintiff, v. Joan Fabian, Bruce Rieser, Sandra O'Hara…

Court: United States District Court, D. Minnesota

Date published: Dec 30, 2010

Civil No. 10-4415 (PAM/JJK) (D. Minn. Dec. 30, 2010)

Opinion

Civil No. 10-4415 (PAM/JJK).

December 30, 2010

ORDER

PAUL MAGNUSON, District Judge

This matter is before the Court on the Report and Recommendation ("R R") of Magistrate Judge Jeffrey J. Keyes dated December 7, 2010. In the R R, Magistrate Judge Keyes reviewed Plaintiff's "Complaint for Violation of Civil Rights under 42 U.S.C. § 1983" (Docket No. 1), Motion for Leave to Proceed in forma pauperis (Docket No. 2), and Motion to Appoint Counsel (Docket No. 4) pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1. The Magistrate Judge's review satisfies this Court's initial screening function under 28 U.S.C. § 1915A. Plaintiff has failed to file objections to the R R in the time period permitted. The Court therefore ADOPTS the R R (Docket No. 5).

Accordingly, IT IS HEREBY ORDERED that:

1. The Report and Recommendation (Docket No. 5) is ADOPTED;

2. Plaintiff's Motion for Leave to Proceed in forma pauperis (Docket No. 2) is DENIED;

2. Plaintiff's Motion to Appoint Counsel (Docket No. 4) is DENIED;

3. This action is summarily DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);

4. Plaintiff is required to pay the unpaid balance of the filing fee, namely the full $350.00, in accordance with 28 U.S.C. § 1915(b)(2); and

5. 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.

Dated: Thursday, December 30, 2010