Smith v. King et al

Filing 31

ORDER adopting Report and Recommendations re 28 Report and Recommendation. the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) is ADOPTED as the opinion of this Court. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that the plaintiff's Motion IFP is Denied. Signed by Judge Callie V. S. Granade on 5/4/10. (Copy mailed to Appellant, e-mailed USCA) (jal)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDREW JACKSON SMITH, AIS# 228252, Plaintiff, vs. TROY KING, et al., Defendants. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. The Court finds that the issues plaintiff seeks to raise on appeal, are "without arguable merit in law or fact," and therefore are not brought in good faith. Therefore, plaintiff's motion for leave to appeal in forma pauperis is DENIED.1 DONE and ORDERED this 4th day of May, 2010. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 07-0268-CG-B

This matter is currently on remand from the 11th Circuit Court of Appeals for a determination of fact which will determine the timeliness of the appeal. That finding will be made, and the case returned for consideration by the Court of Appeals, once the factual evidence is obtained necessary for the finding.

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