Oliver et al v. M/V Barbary Coast et al

Filing 295

ORDER ADOPTING 283 REPORT AND RECOMMENDATIONS re 280 MOTION for Leave to Appeal in forma pauperis filed by Rodd Cairns. The motion is denied. Signed by Judge Kristi K. DuBose on 9/18/2012. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARC E. OLIVER, d/b/a GULF COAST : ENVIRONMENTAL AND RECOVERY, and T.M. JEMISON CONSTRUCTION : CO. INC. d/b/a JEMISON MARINE, INC., Plaintiffs, : CA 11-0223-KD-C MIDSOUTH BANK, N.A., Plaintiff/Counter-Defendant : IN ADMIRALTY In Personam and In Rem vs. : M/V BARBARY COAST, her engines, tackle, furniture, and appurtenances, etc., : In Rem, and RODD CAIRNS, an individual, and ATCHAFALAYA MARINE,: LLC, In personam, Defendants/Counter-Plaintiffs/ Third-Party Plaintiffs, : vs. : EAGLE RIVER TOWING, L.L.C., p/k/a or a/k/a EAGLE INLAND TOWING, : NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, : LOUISIANA LIMESTONE & LOGISTICS, L.L.C., and CURTIS BUFORD, Third-Party Defendants. : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated August 30, 2012 is ADOPTED as the opinion of this Court. 1 Accordingly, it is ORDERED that Third-Party Plaintiff Rodd Cairns’ appeal in forma pauperis (Doc. 280) is not taken in good faith, 28 U.S.C. § 1915(a)(3), and as such, the motion (Doc. 280) is hereby DENIED. DONE and ORDERED this the 18th day of September 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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