Tackett v. Bank of America NA

Filing 3

REPORT AND RECOMMENDATION It is recommended that re 1 motion for leave to proceed in forma pauperis be DENIED. Objections to R&R due by 12/27/2012. Signed by Magistrate Judge Norah McCann King on 12/10/12. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOBBY L. TACKETT,
Plaintiff,

vs.

Civil Action 2:12-cv-1134
Judge Watson
Magistrate Judge King

BANK OF AMERICA, NA,
Defendant.

REPORT AND RECOMMENDATION
Plaintiff asks for leave to proceed in this civil action without
prepayment of fees or costs.

Doc. No. 1. In his application for leave

to proceed in forma pauperis, however, plaintiff claims a yearly
disability income in excess of $45,000.00 and monthly expenses of less
than $2300.00.

Under these circumstances, the Court concludes that

plaintiff is financially able to pay the $350.00 filing fee.
It is therefore RECOMMENDED that plaintiff’s application for
leave to proceed in forma pauperis, Doc. No. 1, be DENIED.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part
thereof in question, as well as the basis for objection thereto.
U.S.C. §636(b)(1); Fed. R. Civ. P. 72(b).

Response to objections must

be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

28

The parties are specifically advised that failure to object
to the Report and Recommendation will result in a waiver of the right
to de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
December 10, 2012
Date