RICHARD H. KYLE
ORDER
Based upon the October 23, 2012, Report and Recommendation by United States Magistrate Judge Tony N. Leung (Doc. No. 4), together with all the files, records, and proceedings herein, and no objections to said Recommendation having been filed, IT IS ORDERED:
1. The Report and Recommendation (Doc. No. 4) is ADOPTED;
2. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is DENIED; and
3. This action is summarily DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B)(ii).
LET JUDGMENT BE ENTERED ACCORDINGLY.
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RICHARD H. KYLE
United States District Judge