Frink v. Best Rate Funding Corp. et al

Filing 6

ORDER adopting 4 Memorandum and Recommendations and denying 1 Motion for Leave to Proceed in forma pauperis. In accordance with Local Civil Rule 3.2, plaintiff shall be allowed 30 days from the date this order is filed to pay the requisite fil ing fee. If he fails to do so, the Clerk shall re-designate this action as a miscellaneous case and close the matter without further order from the court. Signed by Senior Judge W. Earl Britt on 2/12/2018. Copy mailed via US Mail to: Lyndon F. Frink, 5325 Willie Fink Rd., NW, Ash, NC 28420. (Creasy, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:17-CV-225-BR
LYNDON F. FRINK,
Plaintiff,
v.
BEST RATE FUNDING CORP., et al.,

Defendants.

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ORDER

This matter is before the court on the 12 December 2017 Memorandum and
Recommendation (AM&R@) of U.S. Magistrate Judge James E. Gates. (DE # 4.) In the M&R,
Judge Gates recommends that plaintiff’s application to proceed in form pauperis be denied based
on the amount of cash and assets reflected in the application. On 16 January 2018, the court
received a letter from plaintiff dated 22 December 2017 requesting reconsideration of the
recommendation because plaintiff’s “employment status changes constantly” and “income is not
consistent.” (DE # 5.) The court construes this letter as an objection to the M&R. As such,
the court conducts a de novo review of the M&R. See 28 U.S.C. ' 636(b)(1). Having
considered the information in plaintiff’s objection and his application, plaintiff’s objection is
OVERRULED, and the court adopts the M&R as its own. Plaintiff’s application is DENIED.
In accordance with Local Civil Rule 3.2, plaintiff shall be allowed 30 days from the date this
order is filed to pay the requisite filing fee. If he fails to do so, the Clerk shall re-designate this

action as a miscellaneous case and close the matter without further order from the court.
This 12 February 2018.

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W. Earl Britt
Senior U.S. District Judge

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