CARTER v. SHARTLE

Filing 23

ORDER denying 20 Motion for Leave to Proceed on Appeal in forma pauperis filed by JAMES CARTER; adopting 21 Report and Recommendation of Magistrate Judge Baxter as the Opinion of the Court. Signed by Judge Maurice B. Cohill on 11/22/2011. (sjs)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JAMES CARTER, Plaintiff, v. WARDEN IT. SHARTLE, Defendant. ) ) ) ) ) ) C.A. No. 09-66 ERIE ORDER The magistrate judge's report and recommendation ("R&R"), filed on July 6, 2011, recommended that the Motion for Leave to Proceed on Appeal in Forma Pauperis (Doc. 20) be denied. The parties were allowed fourteen (14) days from the date of service to file objections. Objections were filed by the petitioner on July 15, 2011. After de novo review, we adopt Magistrate Judge Baxter's July 6, 2011 R&R as the Opinion of the Court. AND NOW, this 22nd day of November, 2011, IT IS HEREBY ORDERED, ADJUDGED and DECREED that said report and recommendation is adopted as the opinion of the Court. Leave to proceed in forma pauperis is DENIED. lsI Maurice B. Cohill, Jr. MAURICE B. COHILL, JR. United States District Judge cc: Susan Paradise Baxter U.S. Magistrate Judge all parties of record _ _ 1

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