Riethmiller v. People Ready Florida, Inc. et al

Filing 38

ORDER denying 32 Motion for Leave to Appeal in forma pauperis; Adopting Report and Recommendations - re 33 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 1/2/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ANNAMARIE RIETHMILLER,
Plaintiff,
v.

Case No: 6:17-cv-1414-Orl-41DCI

PEOPLE READY FLORIDA, INC.,
SPRING FOOD SVC, LLC, DISNEY
WORLD RESORTS and BANK OF
AMERICA, N.A.,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for Permission to Appeal In Forma
Pauperis (Doc. 32). United States Magistrate Judge Daniel C. Irick submitted a Report and
Recommendation (Doc. 33), in which he recommends that the Court certify that Plaintiff’s appeal
of the September 22, 2017 Order (Doc. 16) denying Plaintiff’s Motion to Disqualify the
undersigned is not taken in good faith and deny the motion.
Plaintiff filed a Response to a different Report and Recommendation submitted by Judge
Irick on November 28, 2017. (See “Objection,” Doc. 37). However, because the Objection also
raises arguments relating to Plaintiff’s appeal of the Order denying the Motion to Disqualify, this
Court construes the Objection as if it were filed in response to the December 7, 2017 Report and
Recommendation. After reviewing Plaintiff’s arguments stated therein, it is apparent that to the
extent Plaintiff objects to Judge Irick’s December 7, 2017 Report and Recommendation, her
Objection is without merit. Plaintiff argues that her appeal of the Order denying her Motion to
Disqualify is proper, but Judge Irick correctly pointed out that “[a]n interlocutory appeal does not

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lie from the denial of a motion to disqualify a district judge.” Wyatt v. Rogers, 92 F.3d 1074, 1080
(11th Cir. 1996). Additionally, Plaintiff’s Objection fails to assert a non-frivolous legal basis for
appeal from this Court’s Order on her Motion to Disqualify. Accordingly, after a de novo review
of the record, the Court agrees with the analysis set forth in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 33) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Pursuant to 28 U.S.C. § 1915(a)(3), the Court hereby CERTIFIES that Plaintiff’s
appeal is not taken in good faith.
3. Plaintiff’s Motion for Permission to Appeal In Forma Pauperis (Doc. 32) is
DENIED.
DONE and ORDERED in Orlando, Florida on January 2, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

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