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Holbach v. State

United States District Court, Eighth Circuit

January 24, 2014

Mitchell David Holbach, Plaintiff,
v.
State of North Dakota, County of Ward, City of Minot, Wayne Stenehjem, Roza Larson, and John [Last Name Illegible], Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

RALPH R. ERICKSON, District Judge.

On December 30, 2013, the Court received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636, recommending that Mitchell David Holbach's motion to proceed in forma pauperis be denied, and his case dismissed without prejudice to reopening upon payment of the filing fee (Doc. #9). Holbach did not file objections to the Report and Recommendation.

The Court has reviewed the Report and Recommendation along with the entire file and finds the magistrate judge's analysis is correct. The Court hereby adopts the Report and Recommendation in its entirety. For the reasons stated therein, Holbach's motion to proceed in forma pauperis (Doc. #2) is DENIED. This case is hereby dismissed without prejudice to reopening upon the payment of the filing fee.

The Court certifies that any appeal would be frivolous, could not be taken in good faith, and may not be taken in forma pauperis.

IT IS SO ORDERED.


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