Opinion
Case No. 6:09-cv-2033-Orl-31KRS.
June 22, 2010
ORDER
This matter came before the Court without oral argument upon consideration of Plaintiff's, Dontavious Sherrode Smith ("Plaintiff"), Amended Motion for Leave to Proceed in forma pauperis and affidavit filed in support thereof (the "Motions") (Docs. 73 and 74), and the Report and Recommendation regarding same (Doc. 75) prepared by U.S. Magistrate Judge Karla R. Spaulding.
Plaintiff filed two documents: "Plaintiff's Amended Motion for Leave to Appeal In Forma Pauperis" at Doc. 73 and an Eleventh Circuit form entitled "Motion for Permission to Appeal In Forma Pauperis and Affidavit" at Doc. 74. Both documents were docketed by the Clerk of the Court as pending motions.
In her Report and Recommendation, Judge Spaulding recommended that the Motions be denied and that the Court certify Plaintiff's appeal as not taken in good faith. (Doc. 75 at 4). Plaintiff did not file an objection to the Report and Recommendation and the time for doing so has now passed. Accordingly, it is ORDERED and ADJUDGED that:
1. The Report and Recommendation (Doc. 75) is CONFIRMED and ADOPTED as a part of the instant Order without objection;
2. Plaintiff's Motions to proceed in forma pauperis (Docs. 73 and 74) are DENIED;
3. In accordance with 28 U.S.C. § 1915(a)(3), the Court hereby CERTIFIES that Plaintiff's appeal in forma pauperis is not taken in good faith; and
4. The Clerk of the Court is directed to transmit a copy of this Order to the Clerk of the Court for the United States Court of Appeals for the Eleventh Circuit.
DONE and ORDERED in Chambers, Orlando, Florida.