Sufka v. Health Services Department of Corrections

Full title: ALFRED JOHN SUFKA, Plaintiff, v. HEALTH SERVICES DEPARTMENT OF…

Court: United States District Court, D. Minnesota

Date published: Jul 31, 2008

Civil No. 08-338 MJD/SRN (D. Minn. Jul. 31, 2008)

Opinion

Civil No. 08-338 MJD/SRN.

July 31, 2008

ORDER

MICHAEL DAVIS, District Judge

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated July 1, 2008. No objections have been filed to that Report and Recommendation in the time period permitted.

Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein,

IT IS HEREBY ORDERED that:

1. Plaintiff's applications to proceed in forma pauperis, (Docket Nos. 2 and 16), are DENIED;

2. Plaintiff's pending motion for appointment of counsel, (Docket No. 14), 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 $350.00, in accordance with 28 U.S.C. § 1915(b)(2); and

5. For purposes of 28 U.S.C. § 1915(g), this action is dismissed "on the grounds that it is frivolous, malicious, or fails to state a claim on which relief may be granted."