Kasidonis v. State Auto Insurance Company

Filing 41

ORDER adopting Report and Recommendation re 40 Report and Recommendation denying 39 Motion for Leave to Appeal in forma pauperis. Signed by Judge Michael R. Barrett on 11/2/16. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Catherine Poulos Kasidonis,
Plaintiff,
v.

Case No. 1:15cv285

State Auto Insurance Company,

Judge Michael R. Barrett

Defendant.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on October 11, 2016 (Doc. 40).
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file objections
to the Report and Recommendation in a timely manner. United States v. Walters, 638
F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s Report and
Recommendation have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 40) of
the Magistrate Judge is hereby ADOPTED. Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis on Appeal (Doc. 39) is DENIED. Consistent with the
Recommendation by the Magistrate Judge, and pursuant to Fed. R. App. P. 24(a)(4),
plaintiff may file, within thirty (30) days after service of this Order, a motion with the
Sixth Circuit Court of Appeals for leave to proceed as a pauper on appeal. Callihan
v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling inpart Floyd v. United
States Postal Service, 105 F.3d 274 (6th Cir. 1997). Plaintiff’s motion must include a
1

copy of the affidavit filed in the District Court and the District Court 's statement of the
reasons for denying pauper status on appeal. Id.; see Fed. R. App. P. 24(a)(5).
Plaintiff is notified that if she does not file a motion within thirty (30) days of
receiving notice of the District Court's decision as required by Fed . R. App. P.
24(a)(5), or fails to pay the required filing fee of $505.00 within this same time period,
the appeal will be dismissed for want of prosecution. Callihan, 178 F.3d at 804.
Once dismissed for want of prosecution, the appeal will not be reinstated , even if the
filing fee or motion for pauper status is subsequently tendered , unless plaintiff can
demonstrate that s he did not receive notice of the District Court's decision within the
time period prescribed for by Fed. R. App. P. 24(a)(5). Id .
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett
United States District Judge

2