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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LEE CURTIS TATE,

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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