Johnson v. Brooks et al

Middle District of Florida, flmd-8:2017-cv-01384

ORDER adopting {{13}} --REPORT AND RECOMMENDATIONS; denying {{12}} --motion for leave to appeal in forma pauperis. Signed by Judge Steven D. Merryday on 10/3/2017. (BK)

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PageID 58 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LELAND R. JOHNSON, Plaintiff, v. CASE NO. 8:17-cv-1384-T-23MAP KEVIN BROOKS, et al., Defendants. ____________________________________/ ORDER An August 9, 2017 order (Doc. 9) dismisses the complaint for failure to state a claim and dismisses the action for frivolity. Correctly observing that the appeal appears frivolous, Magistrate Judge Pizzo recommends (Doc. 13) denying under 28 U.S.C. § 1915(a)(3) the plaintiff's motion (Doc. 12) to proceed in forma pauperis on appeal. More than fourteen days after the report and recommendation, no objection appears. The report and recommendation (Doc. 13) is ADOPTED, and the motion (Doc. 12) to proceed in forma pauperis on appeal is DENIED. ORDERED in Tampa, Florida, on October 3, 2017.