Lenoir v. Warden Southern Ohio Correctional Facility

Filing 98

REPORT AND RECOMMENDATIONS - re 95 THAT PETITIONER'S MOTION FOR LEAVETO PROCEED IN FORMA PAUPERIS ON APPEAL (DOC. 95 ) BE DENIED. Objections to R&R due by 12/10/2012. Signed by Magistrate Judge Michael J Newman on 11/21/12. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LAMAR LENOIR,

:

Case No. 3:09-cv-286

:

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Petitioner,
vs.
WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY,

:

Respondent.
:
______________________________________________________________________________
REPORT AND RECOMMENDATION THAT PETITIONER’S MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS ON APPEAL (DOC. 95) BE DENIED
____________________________________________________________________________
For the reasons stated in the undersigned’s November 2, 2012 Report and
Recommendation (doc. 91), an appeal of the denial of Petitioner’s Fed. R. Civ. P. 60(b) motion
(doc. 88) would not be taken in good faith -- a prerequisite for proceeding in forma pauperis on
appeal. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A). Accordingly, the Court
RECOMMENDS that Petitioner’s motion for leave to proceed in forma pauperis (doc. 95) on
appeal be DENIED. Accord Smith v. Brunsman, 626 F. Supp. 2d 786, 788 (S.D. Ohio 2009).

November 21, 2012

s/ Michael J. Newman
United States Magistrate Judge

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections
to the proposed findings and recommendations within FOURTEEN days after being served with
this Report and Recommendation. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to
SEVENTEEN days because this Report is being served by one of the methods of service listed in
Fed. R. Civ. P. 5(b)(2)(B)(C), or (D) and may be extended further by the Court on timely motion
for an extension. Such objections shall specify the portions of the Report objected to and shall be
accompanied by a memorandum of law in support of the objections. If the Report and
Recommendation is based in whole or in part upon matters occurring of record at an oral hearing,
the objecting party shall promptly arrange for the transcription of the record, or such portions of it
as all parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District
Judge otherwise directs. A party may respond to another party=s objections within FOURTEEN
days after being served with a copy thereof. Failure to make objections in accordance with this
procedure may forfeit rights on appeal. See United States v. Walters, 638 F. 2d 947 (6th Cir. 1981);
Thomas v. Arn, 474 U.S. 140 (1985).

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