Opinion
Civil No. 10-3397 (JRT/FLN).
September 15, 2010
Theron Washington, 1005501 Anoka County Jail, Anoka, MN, pro se plaintiff.
ORDER ADOPTING REPORT AND RECOMMENDATION
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel, dated August 23, 2010 [Docket No. 3]. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. This action is dismissed pursuant to Fed.R.Civ.P. 12(h)(3), for lack of subject matter jurisdiction;
2. Plaintiff's application to proceed in forma pauperis [Docket No. 2] is DENIED; and
3. Plaintiff is required to pay the unpaid balance of the statutory filing fee, namely the full $350.00, in accordance with 28 U.S.C. Section 1915(b)(2).
Dated: September 15, 2010 at Minneapolis, Minnesota