BORU v. STATE

JOAN ERICKSEN, District Judge

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 26, 2008, all the files and records, and no objections having been filed to said Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed without prepayment of fees [#2] is DENIED; and

2. This action is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).