BULLARD v. US BANK N.A., 3:10cv434/MCR/CJK. (2012)
Court: District Court, N.D. Florida
Number: infdco20120718799
Visitors: 6
Filed: Jul. 17, 2012
Latest Update: Jul. 17, 2012
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This matter is before the court on the magistrate judge's Report and Recommendation dated July 12, 2012 (doc. 163), certifying that the proposed appeal is not taken in good faith and recommending that the amended motion to proceed in forma pauperis on appeal (doc. 156) be denied. Attorney Bruce Committee has filed a timely objection (doc. 166). Having fully considered the Report and Recommendation, the record, and the objection de novo, the co
Summary: ORDER M. CASEY RODGERS, Chief District Judge. This matter is before the court on the magistrate judge's Report and Recommendation dated July 12, 2012 (doc. 163), certifying that the proposed appeal is not taken in good faith and recommending that the amended motion to proceed in forma pauperis on appeal (doc. 156) be denied. Attorney Bruce Committee has filed a timely objection (doc. 166). Having fully considered the Report and Recommendation, the record, and the objection de novo, the cou..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This matter is before the court on the magistrate judge's Report and Recommendation dated July 12, 2012 (doc. 163), certifying that the proposed appeal is not taken in good faith and recommending that the amended motion to proceed in forma pauperis on appeal (doc. 156) be denied. Attorney Bruce Committee has filed a timely objection (doc. 166). Having fully considered the Report and Recommendation, the record, and the objection de novo, the court concludes that the Recommendation is due to be adopted as modified. Despite a mistake in the value of Mr. Committee's real estate holdings and liabilities and regardless of indigency, the motion must be denied on grounds that the appeal is objectively frivolous and thus not taken in good faith. See 28 U.S.C. § 1915(a)(3).
Accordingly:
1. The magistrate judge's Report and Recommendation (doc. 163) is adopted as the order of the court and incorporated by reference herein as modified in this order.
2. Attorney Bruce Committee's First Amended Motion to File Appeal of Sanction Motion and Proceed with Appeal Without Paying Court Fees and Costs Associated Therewith (doc. 156) is DENIED and the court CERTIFIES that the appeal is not taken in good faith.
3. Additionally, the motion and affidavit do not comport with the requirements of Rule 24(a)(1)(C) of the Federal Rules of Appellate Procedure.
DONE AND ORDERED.
Source: Leagle
