Opinion
CASE NO. 2:08-CV-00553-FTM-CEH-SPC.
August 26, 2010
ORDER
THIS CAUSE is before the Court on the Report and Recommendation submitted by United States Magistrate Judge Sheri P. Chappell on August 11, 2010 (Dkt. 105). The Report recommends denying Plaintiff's Motion for Leave to Proceed in Forma Pauperis, filed on August 9, 2010 (Dkt. 103). Plaintiff did not file any objections to the Report and Recommendation, and the time to do so has now expired.
Specifically, the Report recommends denying Plaintiff's motion to proceed in forma pauperis on appeal because the appeal will not succeed as a matter of law (Dkt. 105, p. 3). Plaintiff filed a notice of interlocutory appeal on July 7, 2010 (Dkt. 101). He is appealing the previous order entered by this Court granting Defendant Ayer's Motion to Dismiss and Dispositive Motion for Summary Judgment (Dkt. 88, 98).
After carefully considering Plaintiff's Motion to Proceed In Forma Pauperis, Plaintiff's Affidavit of Indigency (Dkt. 104), and Magistrate Judge Chappell's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended in the Report and Recommendation, the Court concludes that Magistrate Judge Chappell's Report and Recommendation should be confirmed and accepted.
ACCORDINGLY, it is now ORDERED and ADJUDGED as follows:
1. The Report and Recommendation of the Magistrate Judge (Dkt. 105) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this order for all purposes, including appellate review.
2. Plaintiff's Motion to Proceed In Forma Pauperis (Dkt. 103) is DENIED. DONE AND ORDERED at Ft. Myers, Florida.