Smith v. State of North Dakota et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Eric Smith, 	)
)
Plaintiff, 	) 	ORDER ADOPTING REPORT
) 	AND RECOMMENDATION
vs. 	)
) 	Case No. 3:19-cv-232
State of North Dakota, Emily Erickson, 	)
Cass County of North Dakota, Susan 	)
Solheim, official/unofficial capacity, Scott 	)
Griffeth, official/unofficial capacity, and 	)
Lindsey Froehlich, 	)
)
Defendants. 	)
The Plaintiff, Eric Smith, initiated this proceeding pro se and in forma pauperis on October
23, 2019. Doc. No. 4. Pursuant to 28 U.S.C. § 1915(e)(2), the court may sua sponte review an in
forma pauperis complaint prior to service on defendants. 	If the court determines the action is
frivolous, malicious, fails to state a claim, or seeks monetary relief against a defendant immune from
such relief, the court must dismiss the complaint.
After Mr. Smith filed his complaint with the Court, Magistrate Judge Alice R. Senechal
reviewed the complaint, consistent with 28 U.S.C. § 1915(e)(2). On December 4, 2019, Magistrate
Judge Senechal issued a Report and Recommendation, recommending that the Plaintiff’s complaint
be dismissed with prejudice. Doc. No. 9. Objections to the Report and Recommendation were to
be filed with the Court by December 18, 2019. 	Mr. Smith filed an objection to the Report and
Recommendation and a motion for hearing on December 18, 2019. Doc. Nos. 10 and 11.
The Court has carefully reviewed the Report and Recommendation, Mr. Smith’s objection,
relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive.
Accordingly, the Court ADOPTS the Report and Recommendation (Doc. No. 9) in its entirety. The
Plaintiff’s complaint is DISMISSED without prejudice, and the Plaintiff’s motion for hearing (Doc.
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No. 11) is DENIED AS MOOT. The Court further finds that any appeal may not be taken in forma
pauperis, as any appeal would be frivolous and could not be taken in good faith.
Let judgment be entered accordingly.
IT IS SO ORDERED.
Dated this 19th day of December, 2019.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
2
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