ORDER ADOPTING REPORT AND RECOMMENDATION
DONOVAN W. FRANK, District Judge.
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Steven E. Rau dated October 24, 2013. (Doc. No. 3.) No objections have been filed to that Report and Recommendation in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference. Based upon the Report and Recommendation of the Magistrate Judge, and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:
1. Magistrate Judge Steven E. Rau's October 24, 2013 Report and Recommendation (Doc. No. ) is ADOPTED.
2. Plaintiff's application for leave to proceed in forma pauperis (Doc. No. ) is DENIED.
3. This action is summarily DISMISSED pursuant to 28 U.S.C. § ...