Follis et al v. State Armory Building Commission
Filing
7
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 2 Motion for Leave to Proceed in forma pauperis filed by Robert L Follis, 4 Report and Recommendation, 6 Motion for Leave to Proceed in forma pauperis filed by Georgia K Follis, Robert L Follis. 1. Plaintiffs Robert L. Follis and Georgia K. Follis' objections (Doc. No. 5 ) to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated March 29, 2010, are DENIED. 2. Chief Magistrate Judge Raymond L. Erickson's Re port and Recommendation dated March 29, 2010 Doc. No. 4 ), is ADOPTED. 3. The Plaintiffs' Application to Proceed In Forma Pauperis (Doc. No. 2 ) is DENIED AS MOOT. 4. The Plaintiffs' Application to Proceed In Forma Pauperis (Doc. No. 6 ) is DENIED AS MOOT. 5. This action is SUMMARILY DISMISSED pursuant to Title 28 U.S.C. §1915(e)(2)(B)(iii). (Written Opinion). Signed by Judge Donovan W. Frank on 5/3/2010. (BJS)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Robert L. Follis, and Georgia K. Follis, Plaintiffs, v. State Armory Building Commission, Defendant. Robert L. Follis and Georgia K. Follis, Pro Se, Plaintiffs. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 10-815 (DWF/RLE)
This matter is before the Court upon Plaintiffs Robert L. Follis and Georgia K. Follis' ("Plaintiffs") objections to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated March 29, 2010, recommending that: (1) Plaintiffs' Application to Proceed in forma pauperis be denied as moot; and (2) this action be summarily dismissed pursuant to Title 28 U.S.C. § 1915(3)(2)(B)(iii). The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Plaintiffs' objections.
Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following: ORDER 1. Plaintiffs Robert L. Follis and Georgia K. Follis' objections (Doc. No. [5])
to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation dated March 29, 2010, are DENIED. 2. Chief Magistrate Judge Raymond L. Erickson's Report and
Recommendation dated March 29, 2010 (Doc. No. [4]), is ADOPTED. 3. The Plaintiffs' Application to Proceed In Forma Pauperis (Doc. No. [2]) is
DENIED AS MOOT. 4. The Plaintiffs' Application to Proceed In Forma Pauperis (Doc. No. [6]) is
DENIED AS MOOT. 5. This action is SUMMARILY DISMISSED pursuant to Title 28 U.S.C.
§1915(e)(2)(B)(iii). Dated: May 3, 2010 s/Donovan W. Frank DONOVAN W. FRANK United States District Judge
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