Opinion
1:21-cv-161-AW-GRJ
12-29-2021
PERCIVAL LARONE WILLIAMS, Plaintiff, v. JUDGE PHILLIP A. PENA, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION FOR LEAVE TO APPEAL IFP
Allen Winsor, United States District Judge.
I have considered the magistrate judge's October 28, 2021 Report and Recommendation. ECF No. 11. I have also considered de novo Plaintiff's objections. ECF No. 12. I now conclude, having carefully considered the matter, that dismissal is appropriate. The Report and Recommendation (ECF No. 11) is adopted and incorporated into this order. The clerk will enter a judgment that says, “Plaintiff's complaint is dismissed with prejudice without leave to amend pursuant to 28 U.S.C. § 1915A.” The clerk will then close the file.
Next, Plaintiff has filed a paper stating that he has “questions about the above mention case of the recommendation from the district court decision, ” that he “wish[es] to appeal this case for further action, ” and that he has contacted an attorney. ECF No. 13. Because there was no final order at the time, I construed this as a further notice of objection to the report and recommendation. If Plaintiff wishes to appeal the judgment that will enter pursuant to this order, he must file a separate notice of appeal, along with the appellate filing fee. Plaintiff's motion for leave to appeal IFP (ECF No. 14) is DENIED. Although Plaintiff qualifies financially, I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal would be “‘without arguable merit either in law or fact.'” Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002) (quoting Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001)). This is for the reasons set out in the Report and Recommendation.
SO ORDERED.