United States District Court, D. Minnesota
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 Leo I. Brisbois dated April 25, 2014. (Doc. No. 10.) 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 Leo I. Brisbois's Report and Recommendation (Doc. No. ) is ADOPTED.
2. Plaintiff's request for dismissal (Doc. No. ) is construed as a Notice of Voluntary Dismissal; as such, the request is GRANTED.
3. Because Plaintiff previously filed an identical complaint in another matter. which was ultimately dismissed voluntarily, this case is DISMISSED WITH PREJUDICE.
4. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. No. ) is DENIED AS MOOT.
5. Plaintiff's Motion for the Appointment of Counsel (Doc. No. ...