Bethel et al v. Baldwin County Board of Education et al

Filing 97

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 89 MOTION for Leave to Appeal in forma pauperis by Orlando Bethel, Glynis Bethel.Referred to Judge Kristi K. DuBose. (jal) filed by Glynis Bethel, Orlando Bethel, 96 REPORT AND RECOMMENDATIONS re 89 MOTION for Leave to Appeal in forma pauperis filed by Glynis Bethel, Orlando Bethel be DENIED because the appeal has not been taken in good faith. Signed by Magistrate Judge William E. Cassady on 10/10/08. (srr) copy mailed to plaintiffs. Signed by Judge Kristi K. DuBose on 10/16/08. copy mailed to Appellants (jal)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

ORLANDO BETHEL, et al., Plaintiffs, vs.

: : : CA 06-0223-KD-C

THE BALDWIN COUNTY BOARD : OF EDUCATION, et al., Defendants. : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(3) and dated October 10, 2008, is ADOPTED as the opinion of this court.1 Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that the plaintiff's motion is due to be, and hereby is, DENIED. DONE this 16th day of October 2008. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

Delegations to a magistrate judge pursuant to U.S.C. § 636(b)(3) do not carry with them the requirements of § 636(b)(1) or § 636(b)(1)(C), and so there is no ten day waiting period for the appeal process. Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam). See also United States v. Brumer, 528 F.3d 157, 160 (2nd Cir. 2008).

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