Opinion
Civil No. 13-130 (JNE/SER)
03-05-2013
Jeffrey Wayne Thibodeau, a.k.a Kellethyn C. McHerne, III, Plaintiff, v. MN DOC, Tom Roy, Joan Fabian, Greg Simon, Connie Bush, Stu VonWald, Rice County Community Corrections, Jeffrey Peterson, Scott Halvorson, Unknown Agents of Rice County Comm. Corr., Molly Bice, Monty Vikdal, Cecelia Ferguson, Kristen Lang, Defendants.
ORDER
This case is before the Court on a Report and Recommendation issued by the Honorable Steven E. Rau, United States Magistrate Judge, on January 25, 2013. The magistrate judge recommended that Plaintiff's application for leave to proceed in forma pauperis be denied, that the action be summarily dismissed pursuant to 28 U.S.C. § 1915A(b)(1), that Plaintiff be required to pay the unpaid balance of the court filing fee in accordance with 28 U.S.C. § 1915(b)(2), and that the dismissal of this action be counted as a "strike" against Plaintiff for purposes of 28 U.S.C. § 1915(g). No objections were filed to the Report and Recommendation. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation. Therefore, IT IS ORDERED THAT:
1. Plaintiff's application for leave to proceed in forma pauperis [Docket No. 2] is DENIED;
2. This action is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1);
3. Plaintiff pay the unpaid balance of the court filing fee, namely the full $350, in accordance with 28 U.S.C. § 1915(b)(2);
4. The dismissal of this action is a "strike" against Plaintiff for the purposes of 28 U.S.C. § 1915(g). LET JUDGMENT BE ENTERED ACCORDINGLY.
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JOAN N. ERICKSEN
United States District Judge