Harvey, et al. v. Seminole County et al.

Filing 31

ORDER denying 28 Motion for Leave to Appeal in forma pauperis; Adopting Report and Recommendations - re 29 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 10/17/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JOSEPH HARVEY and ANJA
KANNELL,
Plaintiffs,
v.

Case No: 6:16-cv-56-Orl-41TBS

STEVEN SOTO and HALL,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff Anja Kannell’s Motion for Leave to Appeal
In Forma Pauperis (“Motion to Appeal IFP,” Doc. 28). United States Magistrate Judge Thomas
B. Smith submitted a Report and Recommendation (“R&R,” Doc. 29), in which he recommends
that the Court certify that Kannell’s appeal is not taken in good faith and deny the Motion to Appeal
IFP.
After a de novo review of the record, and noting that no objections were timely filed, the
Court agrees entirely with the R&R. While Kannell did file an untimely Objection to the R&R
(Doc. 30), she failed to correct the deficiencies highlighted by the Magistrate Judge in the R&R.
Accordingly, the Court will certify that Kannell’s appeal is not taken in good faith and deny the
Motion to Appeal IFP.
It is therefore ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 29) is ADOPTED and CONFIRMED and
made a part of this Order.

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2. Pursuant to 28 U.S.C. § 1915(a)(3), the Court CERTIFIES that Plaintiff Anja
Kannell’s appeal is not taken in good faith.
3. Plaintiff Anja Kannell’s Motion for Leave to Appeal In Forma Pauperis (Doc. 28)
is DENIED.
DONE and ORDERED in Orlando, Florida on October 17, 2017.

Copies furnished to:
Unrepresented Parties

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