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07-4546 - Smith v. Menter et al


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07-4546 - Smith v. Menter et al
December 10, 2007
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REPORT AND RECOMMENDATION 1. Plaintiff's application for leave to proceed in forma pauperis, 56 be DENIED; 2. Plaintiff's motion for appointment of counsel, 9 be DENIED; 3. This action be DISMISSED, without prejudice, pursuant to 28 U.S.C. 1915A(b)(1); 4. Plaintiff be required to pay the unpaid balance of the Court filing fee, namely the full $336.10, in accordance with 28 U.S.C. 1915(b)(2); and 5. The dismissal of this action be counted as a "strike" against Plaintiff for purposes of 28 U.S.C. 1915(g). Objections to R&R due by 12/26/2007. Signed by Magistrate Judge Arthur J. Boylan on 12/10/07. (VEM)
March 31, 2008
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ORDER denying 5 Application to Proceed in forma pauperis; denying 6 Motion for Leave to Proceed in forma pauperis; denying 9 Motion to Appoint Counsel ; Adopting 12 Report and Recommendation. Case dismissed without prejudice. Plaintiff required to pay unpaid balance of Court filing fee. Dismissal of this action shall count as a "strike" against plaintiff(Written Opinion). Signed by Judge John R. Tunheim on March 31, 2008. (dml)