Moore v. Ferrell

Filing 41

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS (INSTRUCTION TO ADOC AND BUSINESS MANAGER OF APPELLANT'S PRISON) 34 the Denial of MOTION for Leave to Appeal in forma pauperis (with Prisoner Account Statement attached) 35 the denial of MOTION f or Leave to Appeal in forma pauperis filed by Charles Calvin Moore. Judge Kristi K. DuBose on 8/21/09. (jal) (Clerk has mailed to Business Manager of Fountain in Atmore, and Richard Allen Commissioner, ADOC, 301 S. Ripley St., Montgomery, AL, as instructed with copies of the R&R and Judgment).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLES CALVIN MOORE #209229, Plaintiff, vs. WARDEN JERRY FERRELL, Defendant. : : : : : CIVIL ACTION 08-0533-KD-M

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 Recommendation to which objection is made, Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated August 11, 2009, is ADOPTED as the opinion of this Court. In so doing, the Court finds that Plaintiff's appeal is frivolous and not taken in good faith. Accordingly, it is ORDERED that Plaintiff's Complaint be and is hereby DISMISSED with prejudice. DONE and ORDERED this the 21st day of August 2009. /s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE