Ferguson v. Acura

Filing 73

ORDER overruling 72 --objections to report and recommendation; adopting 68 --REPORT AND RECOMMENDATIONS; denying 65 --motion for leave to appeal in forma pauperis. Signed by Judge Steven D. Merryday on 10/20/2017. (BK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION HELEN FERGUSON, Plaintiff, v. CASE NO. 8:16-cv-3460-T-23AEP GETTEL ACURA, Defendant. ____________________________________/ ORDER The magistrate judge recommends (Doc. 68) denying Helen Ferguson’s motion (Doc. 65) for permission to appeal in forma pauperis. Ferguson objects (Doc. 72) to the report and recommendation. A de novo review of the report and recommendation reveals that Ferguson’s objections are unfounded, unpersuasive, or anticipated by the magistrate judge. The objections require no different resolution. Accordingly, Ferguson’s objections (Doc. 72) are OVERRULED, and the report and recommendation (Doc. 68) is ADOPTED. Ferguson’s motion (Doc. 65) to proceed on appeal in forma pauperis is DENIED. In accord with Rule 24, Federal Rules of Appellate Procedure, the clerk is directed to notify the court of appeals. Under Rule 24(a)(5), within thirty days of service of this order, Ferguson can move in the court of appeals to proceed on appeal in forma pauperis. The motion under Rule 24(a)(5) must include a copy of the affidavit (Doc. 65) submitted in the district court and the district court’s statement of reasons for denying the motion to proceed on appeal in forma pauperis. ORDERED in Tampa, Florida, on October 20, 2017. -2-

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