Opinion
CIVIL ACTION 07-0692-KD-M.
July 23, 2009
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(3), and dated July 21, 2009 (doc. 39), is ADOPTED as the opinion of this Court.
Accordingly, the undersigned certifies that plaintiff's appeal is frivolous and not taken in good faith and his motion to proceed on appeal without prepayment of fees (docs. 38) is DENIED.