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HOWARD v. ITT FEDERAL SERVICES INTERNATIONAL CORPORATION, 2:13-cv-02851-SHL-tmp. (2014)

Court: District Court, W.D. Tennessee Number: infdco20141229725
Filed: Dec. 22, 2014
Latest Update: Dec. 22, 2014
Summary: ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE APPEAL IN FORMA PAUPERIS SHERYL H. LIPMAN, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. (ECF No. 32.) In the Report and Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Leave to Appeal in Forma Pauperis (ECF No. 30) be denied because an appeal would not be taken in good fait
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ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE APPEAL IN FORMA PAUPERIS

SHERYL H. LIPMAN, District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. (ECF No. 32.) In the Report and Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Leave to Appeal in Forma Pauperis (ECF No. 30) be denied because an appeal would not be taken in good faith. Plaintiff did not file objections to the Report and Recommendation within the time required by Federal Rule of Civil Procedure 72(b)(2).

"When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b) advisory committee notes. On clear-error review of the Magistrate Judge's Report and Recommendation, the Court hereby ADOPTS the Report and Recommendation (ECF No. 32) in its entirety.

Accordingly, Plaintiff's Motion for Leave to Appeal in Forma Pauperis (ECF No. 30) is DENIED and Howard must pay the full appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the Sixth Circuit Court of Appeals within thirty days from the date this order is entered.

IT IS SO ORDERED.

Source:  Leagle

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