Tate v. Rockford

Filing 39

ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS re 37 to Deny the MOTION for Leave to Appeal in forma pauperis filed by Lee Curtis Tate, and the Court directs the Comm. of ADOC to withdraw 20% of the prisoner's account to the USDC monthly to pay the appeal filing fee, as further sets out. Signed by Chief Judge William H. Steele on 5/18/2011. (copy of the R&R, this Order, to the following as directed: ADOC, Bus. Mgr. of Appellant's Prison at St. Clair Correctional Facility, Springville, AL, and copies to Appellant, Finance) (jal)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LEE CURTIS TATE, : : : : : : : : : Plaintiff, vs. OFFICER ROCKFORD, et al., Defendants. CIVIL ACTION 09-0268-WS-M 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)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that the plaintiff’s motion for permission to appeal in forma pauperis is hereby DENIED because the appeal is frivolous and not taken in good faith. DONE this 18th day of May, 2011. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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