SUSAN RICHARD NELSON, District Judge.
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, it is —
1. This matter is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
2. The application to proceed in forma pauperis of petitioner Michael Cassanova Dyson, [Docket No. 3], is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.