Whitted v. Culliver et al

Filing 41

ORDER ADOPTING 40 REPORT AND RECOMMENDATIONS re 37 to Deny MOTION for Leave to Appeal in forma pauperis filed by Sonny Whitted Objections to R&R due by 5/17/2010. Signed by Judge Kristi K. DuBose on 5/19/10. (jal) (Clerk mailed copy to Appellant and e-mailed the USCA)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SONNY WHITTED, Plaintiff, vs. RICHARD ROBERTS, Defendant. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to Plaintiff Sonny Whitted's Motion for Leave to Appeal In Forma Pauperis, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(3) is ADOPTED as the opinion of this Court. It is CERTIFIED that this appeal is not taken in good faith in that Plaintiff has failed to show that he has a non-frivolous issue to be presented to the Eleventh Circuit Court of Appeals. Therefore, Whitted's Motion for Leave to Appeal In Forma Pauperis (Doc. 37) is DENIED. DONE this May 19, 2010. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 06-000776-KD-B