Opinion
Civil No. 10-4263 (PAM/JJG).
March 7, 2011
ORDER
This matter is before the Court on the Report and Recommendation ("R R") of Magistrate Judge Jeanne J. Graham dated February 9, 2011. In the R R, Magistrate Judge Graham reviewed Plaintiff's Complaint seeking relief under 42 U.S.C. § 1983 (Docket No. 1), and amended application to proceed in forma pauperis (Docket No. 4), pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.1. The Magistrate Judge's review satisfies this Court's initial screening function under 28 U.S.C. § 1915A. Plaintiff has failed to file objections to the R R in the time period permitted. The Court therefore ADOPTS the R R (Docket No. 7).
Accordingly, IT IS HEREBY ORDERED that:
1. The Report and Recommendation (Docket No. 7) is ADOPTED;
2. Plaintiff's Amended Application to Proceed in forma pauperis (Docket No. 4) is DENIED;
3. This action is summarily DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(2);
4. Plaintiff is required to pay the unpaid balance of the filing fee, namely $332.00, in accordance with 28 U.S.C. § 1915(b)(2); and
5. The dismissal of this action is counted as a "strike" against Plaintiff for purposes of 28 U.S.C. § 1915(g).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: Monday, March 7, 2011