Summary
granting motion to dismiss under 28 U.S.C. § 1915A(b) where wastewater on cell floor lasted only three hours and odor of inoperable toilet lasted six hours
Summary of this case from Karn v. PTS of Am., LLCOpinion
Civil No. 07-2120 (PAM/JSM).
July 12, 2007
ORDER
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated June 5, 2007. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records and proceedings herein, now makes and enters the following Order.
IT IS HEREBY ORDERED:
1. Plaintiff's application for leave to proceed in forma pauperis, (Docket No. 2), is DENIED;
2. Plaintiff's motion for appointment of counsel, (Docket No. 6), is DENIED;
3. This action is summarily DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1);
4. Plaintiff is required to pay the unpaid balance of the Court filing fee, namely the full $350, 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).