MICHAEL BERGER, WRIGHT COUNTY PUBLIC DEFENDER ... - …
UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTADONALD WILLIAM CARLSON,Plaintiff, BERGER, WRIGHT COUNTYPUBLIC DEFENDER , WRIGHT COUNTY ,and STATE OF MINNESOTA, No. 12-2898 (DSD/TNL) REPORT AND RECOMMENDATION This matter is before the undersigned United States Magistrate Judge on Plaintiff sapplication for leave to proceed in forma pauperis ( IFP ) pursuant to 28 1915(a)(1). (Docket No. 2.) The matter has been referred to this Court for a Report andRecommendation pursuant to 28 636(b)(1) and Local Rule For the reasonsdiscussed below, the Court will recommend that Plaintiff s IFP application be denied andthat this action be summarily dismissed pursuant to 28 1915(e)(2)(B)(ii).I. BACKGROUNDPlaintiff is currently being prosecuted in the state district court for WRIGHT COUNTY ,Minnesota, on a charge of Felony Drug Possession and Sale in the 5th Degree concerningmarijuana.
based on Berger’s understanding of the law – not a lack of funding.2 Finally, Plaintiff has not pleaded an actionabl e claim against the State of Minnesota, because the State is immune from suit in federal court.
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