Opinion
Civ. No. 07-2989 (PJS/RLE).
September 10, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED:
1. That the Plaintiff's Amended Complaint is summarily dismissed, without prejudice, for lack of subject matter jurisdiction, pursuant to Rule 12(h)(3), Federal Rules of Civil Procedure.
2. That the Plaintiff's Application to Proceed Without Prepayment of Fees [Docket No. 2] is denied as moot.