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James P. Minogue v. Department of Agriculture

December 27, 2011

JAMES P. MINOGUE, PLAINTIFF,
v.
DEPARTMENT OF AGRICULTURE, DEFENDANT.



O RDER

This cause is before the Court on Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 2), filed on November 28, 2011.

The United States Magistrate Judge has submitted a report (Doc. No. 3) recommending that the Motion be denied without prejudice and that the complaint be dismissed without prejudice.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations. Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed November 30, 2011 (Doc. No. 3) is ADOPTED and CONFIRMED and made a part of this Order.

2. The Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. No. 2), filed on November 28, 2011, DENIED without prejudice to filing a new application with an amended complaint.

3. The complaint (Doc. No. 1) is DISMISSED without prejudice and with leave to file an amended complaint that remedies the pleading deficiencies identified in the Magistrate Judge's Report and Recommendation. The amended complaint shall be filed not later than January 13, 2012. Failure to file an amended complaint may result in dismissal of this case without further notice.

Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party

20111227

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