Pierce v. Sims

Full title: Bobby Pierce, Plaintiff, v. Al Sims, Defendant

Court: United States District Court, D. Minnesota

Date published: Mar 18, 2011

Civil No. 11-385 (PAM/AJB) (D. Minn. Mar. 18, 2011)

Opinion

Civil No. 11-385 (PAM/AJB).

March 18, 2011

ORDER

PAUL MAGNUSON, District Judge

This matter is before the Court on the Report and Recommendation ("R R") of Magistrate Judge Arthur J. Boylan dated February 18, 2011. In the R R, Magistrate Judge Boylan reviewed Plaintiff's Complaint against Al Sims (Docket No. 1), and application to proceed in forma pauperis (Docket No. 2), pursuant to 28 U.S.C. § 636 and Local Rule 72.1. Plaintiff has failed to file objections to the R R in the time period permitted. The Court therefore ADOPTS the R R (Docket No. 3).

Accordingly, IT IS HEREBY ORDERED that:

1. The Report and Recommendation (Docket No. 3) is ADOPTED;

2. Plaintiff's Application to Proceed in forma pauperis (Docket No. 2) is DENIED pursuant to 28 U.S.C. § 1915(e)(2)(B); and

3. This action is summarily DISMISSED for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(h)(3).

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 17, 2011