Mendez v. FMC-Rochester

Full title: Raphael Mendez v. FMC-Rochester et al

Court: United States District Court, D. Minnesota

Date published: Aug 10, 2007

07-CV-2609(JMR/RLE) (D. Minn. Aug. 10, 2007)

Opinion

07-CV-2609(JMR/RLE).

August 10, 2007

ORDER

JAMES ROSENBAUM, Chief Judge

Plaintiff objects to the Report and Recommendation, issued June 12, 2007, by the Honorable Raymond L. Erickson, United States Magistrate Judge. Plaintiff's objections to the Report were timely filed pursuant to Local Rule 72.1(c)(2).

Based upon a de novo review of the record herein, the Court adopts the Magistrate's Report and Recommendation [Docket No. 3]. Accordingly, IT IS ORDERED that:

1. Plaintiff's complaint is dismissed for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(h)(3).

2. Plaintiff's application to proceed in forma pauperis [Docket No. 2] is denied as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.