Opinion
No. 3:11cv1754.
October 18, 2011
ORDER
AND NOW, to wit, this 18th day of October 2011, the report and recommendation (Doc. 3) of Magistrate Judge Carlson is ADOPTED IN PART and REJECTED IN PART as follows:
1. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is hereby GRANTED;
2. The recommendation that plaintiff's complaint be dismissed without prejudice is REJECTED AS MOOT because plaintiff has filed an amended complaint (Doc. 5).
The case, including plaintiff's motion to appoint counsel (Doc. 4), is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this opinion.