Winsor v. The Home Depot U.S.A., Inc.

Filing 23

ORDER denying 17 Motion for Leave to Appeal; Denying 17 Motion for New Trial; Denying 19 Motion for leave to appeal in forma pauperis/affidavit of indigency; Denying as moot 20 Motion for electronic filing; Adopting Report and Recommendations - re 22 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 8/7/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION STUART WINSOR, Plaintiff, v. Case No: 6:16-cv-2139-Orl-41TBS THE HOME DEPOT U.S.A., INC., Defendant. / ORDER THIS CAUSE is before the Court on Plaintiff’s Petition for Permission to Appeal (Doc. 17), Motion for Leave to Proceed In Forma Pauperis (“Motion to Appeal IFP,” Doc. 19), and Motion for Electronic Filing (Doc. 20). The Court will address each of Plaintiff’s motions in turn. On June 12, 2017, this Court dismissed Plaintiff’s Complaint with prejudice because it was untimely filed. (June 12, 2017 Order, Doc. 16, at 3). Plaintiff subsequently filed a motion for leave to appeal, in which he asks the Court for permission to appeal or, alternatively, for an opportunity to file an amended complaint. The Court will construe Plaintiff’s motion as a motion for reconsideration. Because Plaintiff fails to articulate any basis justifying reconsideration of this Court’s prior Order dismissing this case with prejudice, Plaintiff’s Petition for Permission to Appeal will be denied. Turning to Plaintiff’s Motion to Appeal IFP, United States Magistrate Judge Thomas B. Smith reviewed the motion and submitted a Report and Recommendation (Doc. 22), in which he recommends that the Court certify that Plaintiff’s appeal is not taken in good faith and deny the motion. After a de novo review of the record, and noting that no objections were timely filed, the Page 1 of 2 Court agrees with the Report and Recommendation. Accordingly, the Court will certify that Plaintiff’s appeal is not taken in good faith and deny the Motion to Appeal IFP. Also pending is Plaintiff’s Motion for Electronic Filing. Because this case has been dismissed with prejudice, there is no need for Plaintiff to submit any additional filings in this case. Consequently, the motion will be denied as moot. It is therefore ORDERED and ADJUDGED as follows: 1. Plaintiff’s Petition for Permission to Appeal (Doc. 17) is DENIED. 2. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED and made a part of this Order. 3. Pursuant to 28 U.S.C. § 1915(a)(3), the Court hereby CERTIFIES that Plaintiff’s appeal is not taken in good faith. 4. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 19) is DENIED. 5. Plaintiff’s Motion for Electronic Filing (Doc. 20) is DENIED as moot. DONE and ORDERED in Orlando, Florida on August 7, 2017. Copies furnished to: Counsel of Record Unrepresented Party Page 2 of 2

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