Mosley v. Bishop

Filing 40

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS re 38 Prisoner Consent Form construed as a Motion IFP filed by Terrance Lorenzo Mosley to be Denied. Signed by Judge Kristi K. DuBose on 7/23/09. (mbp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TERRANCE LORENZO MOSLEY, Plaintiff, vs. WATSON BISHOP, Defendant. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised,, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(3), and dated July 21, 2009 (doc. 39), is ADOPTED as the opinion of this Court. Accordingly, the undersigned certifies that plaintiff's appeal is frivolous and not taken in good faith and his motion to proceed on appeal without prepayment of fees (docs. 38) is DENIED. DONE this 23rd day of July, 2009. CIVIL ACTION 07-0692-KD-M

s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE