Jannetta v. Fabian

Full title: David James Jannetta, Plaintiff, v. Joan Fabian, Mike Hatch, Tim Pawlenty…

Court: United States District Court, D. Minnesota

Date published: Feb 28, 2007

Civil No. 07-165 (DWF/RLE) (D. Minn. Feb. 28, 2007)

Opinion

Civil No. 07-165 (DWF/RLE).

February 28, 2007

David James Jannetta, Pro Se, Plaintiff.

ORDER

DONOVAN FRANK, District Judge

Based upon the Report and Recommendation of Chief United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter,

IT IS ORDERED:

1. That the Plaintiff's Complaint is summarily DISMISSED, but WITHOUT PREJUDICE, pursuant to Title 28 U.S.C. § 1915A(b)(1).

2. That Plaintiff's application for leave to proceed in forma pauperis, (Doc. No. 2) is DENIED, AS MOOT.

3. That the Plaintiff's Motion to Appoint Counsel (Doc. No. 3) is DENIED, AS MOOT.

4. That the Plaintiff's Motion to Change Venue (Doc. No. 4) is DENIED, AS MOOT.

5. That the Plaintiff is relieved of paying the Court filing fee that would otherwise be due from him.

6. That, while the action is dismissed without prejudice, the action not be counted as a "strike" for purposes of Title 28 U.S.C. § 1915(g).