King v. Hilton Hotels Corporation/Hilton Worldwide

Filing 141

ORDER adopting Report and Recommendations 140 ; denying 135 Motion for Leave to Appeal in forma pauperis. Signed by Judge Sheryl H. Lipman on 12/02/2014. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
CYNTHIA HINES KING,
Plaintiff,
v.
HILTON WORLDWIDE, INC.,
Defendant.

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No. 2:10-cv-02921-SHL-tmp

ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING
PLAINTIFF’S MOTION FOR LEAVE TO FILE APPEAL IN FORMA PAUPERIS

Before the Court is the Magistrate Judge’s “Report and Recommendation on Plaintiff’s
Motion for Leave to Appeal in Forma Pauperis. (ECF No. 140.) In the Report and
Recommendation, the Magistrate Judge recommends that Plaintiff’s Motion for Leave to Appeal
in Forma Pauperis (ECF No. 135) be denied because an appeal would not be taken in good faith.
Plaintiff did not file objections to the Report and Recommendation within the time required by
Federal Rule of Civil Procedure 72(b)(2).
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b)
advisory committee notes. On clear-error review of the Magistrate Judge’s Report and
Recommendation, the Court hereby ADOPTS the Report and Recommendation (ECF No. 40) in
its entirety.
Accordingly, Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (ECF No. 35) is
DENIED and King must pay the full appellate filing fee or file a motion to proceed in forma
pauperis and supporting affidavit in the Sixth Circuit Court of Appeals within thirty days from
the date this order is entered.

IT IS SO ORDERED, this 2nd day of December, 2014.
/s/ Sheryl H. Lipman
SHERYL H. LIPMAN
U.S. DISTRICT COURT JUDGE

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