McClellon v. Capital One Bank NA

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION re #36 Report and Recommendations and #30 Application to appeal IFP by U.S. District Judge John C Coughenour. (CDA)cc plaintiff via US Mail/ 9th Circuit via ECF

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 DONTE McCLELLON, 10 Plaintiff, 11 ORDER v. 12 CASE NO. C18-0909-JCC CAPITAL ONE N.A., 13 Defendant. 14 15 The Court, having reviewed Plaintiff’s motion and application for leave to appeal in 16 forma pauperis (“IFP”) (Dkt. No. 30), the Report and Recommendation (Dkt. No. 36) of the 17 Honorable Brian A. Tsuchida, United States Magistrate Judge, and the remaining record, does 18 hereby find and ORDER: 19 (1) The Court adopts the Report and Recommendation (Dkt. No. 36). 20 (2) Plaintiff’s motion and application to appeal IFP (Dkt. No. 30) is DENIED as Plaintiff 21 has not brought his appeal in good faith. 22 (3) The Clerk is directed to send copies of this order to Plaintiff, to Judge 23 Tsuchida, and the Ninth Circuit Court of Appeals. 24 // 25 // 26 // ORDER C18-0909-JCC PAGE - 1 1 DATED this 30th day of April 2019. A 2 3 4 John C. Coughenour UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C18-0909-JCC PAGE - 2

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