Opinion
Case No. C07-5310 RBL/KLS.
August 27, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of the Hon. Karen L. Strombom, United States Magistrate Judge, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Petitioner's motion to proceed in forma pauperis (Dkt. # 1) and motion to waive the filing fee (Dkt. # 4 and 5) are DENIED. Further, this petition cannot be cured by amendment as Petitioner is not challenging his judgment or sentence.
(3) The Court will not consider converting this action to a civil rights action as Petitioner has had actions dismissed on five previous occasions where the Court specifically counted the dismissal as a strike pursuant to 28 U.S.C. 1915(g).
(4) The Clerk is directed to DISMISS THE PETITION and to send copies of this Order to Petitioner and to the Hon. Karen L. Strombom.