Bethel v. Mack

Filing 14

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS with exceptions as noted. Plaintiff's Motion for Leave to Appeal In Forma Pauperis, doc. 12 , is DENIED. It is CERTIFIED that this appeal is not taken in good faith as further set out. Signed by Judge Kristi K. DuBose on 6/29/10. Copy mailed to plaintiff. (jlr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GLYNIS BETHEL, Plaintiff, vs. SHERIFF HUEY MACK, 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 June 24, 2010 is hereby ADOPTED as the opinion of this Court with the exception of the text on Page 1 "and previously proceeding in forma pauperis"1 and "[i]t appears that Plaintiff may qualify to proceed in forma pauperis on appeal looking solely at her present financial situation; however[]"2 which is STRICKEN. Accordingly, it is ORDERED that Plaintiff's Motion to Proceed without Prepayment of Fees (Doc. 12) is DENIED. It is CERTIFIED that this appeal is not taken in good faith in that the Plaintiff has failed to show that she has a non-frivolous issue to be presented to the Eleventh Circuit Court of Appeals. DONE and ORDERED this the 29th day of June 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 10-0099-KD-M 1 A portion of the second line of the second paragraph on Page 1 of Doc. 13. 2 The first and second sentence of the third paragraph on Page 1 of Doc. 13.

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