Powell et al v. Alcoa Police Department et al

Filing 18

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 17 , and DENIES plaintiffs motion/application for leave to proceed in forma pauperis 14 . In addition, this Court has carefully reviewed this case pursuant to 28 U.S.C. § 1915(a) and hereby CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal in this matter by plaintiff would not be taken in good faith and plaintiff may not proceed on appeal in forma pauperis. If plaintiff files a notice o f appeal, she must pay the full $455 appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the United States Court of Appeals for the Sixth Circuit within thirty (30) days of the entry of this order. Signed by District Judge Thomas A Varlan on 9/2/10. (c/m to Ms. Powell and to the US Court of Appeals) (ABF)

Powell et al v. Alcoa Police Department et al

Doc. 18

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE MARILYN POWELL, Plaintiff, v. ALCOA POLICE DEPT., et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on the Report and Recommendation filed by United States Magistrate Judge C. Clifford Shirley on August 6, 2010 [Doc. 17]. There have been no timely objections to the Report and Recommendation by plaintiff or defendants, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). After careful review of this matter, the Court is in agreement with Magistrate Judge Shirley's recommendations, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 17], and DENIES plaintiff's motion/application for leave to proceed in forma pauperis [Doc. 14]. In addition, this Court has carefully reviewed this case pursuant to 28 U.S.C. § 1915(a) and hereby CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal in this matter by plaintiff would not be taken in good faith and plaintiff may not proceed on appeal in forma pauperis. If plaintiff files a notice of appeal, she must pay the full $455 appellate filing fee

No.:

3:10-CV-197 (VARLAN/SHIRLEY)

Dockets.Justia.com

or file a motion to proceed in forma pauperis and supporting affidavit in the United States Court of Appeals for the Sixth Circuit within thirty (30) days of the entry of this order. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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