Holzhauser et al v. Alfonso et al

Filing 6

ORDER denying 3 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations 4 . Signed by District Judge Halil S. Ozerden on 07/19/2012 (HM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
THOMAS J. HOLZHAUSER, II, et al.
VERSUS

PLAINTIFF
CIVIL ACTION NO. 1:12-cv-00185-HSO-RHW

MARGARET ALFONSO, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DENYING PLAINTIFF’S MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS
This cause comes before the Court on the Report and Recommendation [4] of
United States Magistrate Judge Robert H. Walker, entered June 26, 2012,
recommending denial of Plaintiff’s Motion to Proceed In Forma Pauperis [3]. Plaintiff
did not timely file objections to the Magistrate Judge’s Report and Recommendation,
and instead paid the filing fee of $350.00. Where a party fails to file specific
objections to a magistrate judge’s report and recommendation, the district court
reviews the report and recommendation for findings and conclusions that are clearly
erroneous or contrary to law. 28 U.S.C. § 636(b)(1); see United States v. Wilson, 864
F.2d 1219, 1221 (5th Cir. 1989).
Based on the record before this Court, the undersigned finds that the
Magistrate Judge did not err in recommending that Plaintiff be denied leave to
proceed in forma pauperis. After referral of hearing by this Court, and the Court,
having fully reviewed the Report and Recommendation [4], the relevant law, and the
record in this matter, and being fully advised in the premises, finds that the Report
and Recommendation [3] of Magistrate Judge Robert H. Walker, should be adopted as
the finding of this Court.

IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and
Recommendation [4] of Magistrate Judge Robert H. Walker, entered June 26, 2012, is
adopted in its entirety as the finding of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s Motion to
Proceed In Forma Pauperis [3] is DENIED AS MOOT.
SO ORDERED AND ADJUDGED, this the 19th day of July, 2012.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE