Norman v. H. Lee Moffitt Cancer Center and Research Institute, Inc.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

STEPHANIE NORMAN,

Plaintiff, v. CASE NO. 8:19-cv-2430-WFJ-CPT H. LEE MOFFITT CANCER

CENTER AND RESEARCH

INSTITUTE, INC.,

Defendant. ___________________________/

ORDER

Before the Court is Plaintiff’s construed motions to proceed on appeal in forma pauperis (Dkts. 70, 71). The magistrate judge issued a thorough and well- reasoned report recommending in forma pauperis status to proceed on appeal be denied (Dkt. 72). The time for filing objections has passed.

The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). The magistrate judge found the Plaintiff is not indigent for purposes of appeal and the appeal is without arguable merit either in law or fact. Dkt. 72 at 2–3 (citing Fed. R. App. P. 24 and 28 U.S.C. § 1915). For all the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court rules as follows:

1. The Report and Recommendation (Dkt. 72) is confirmed, approved, and adopted in all respects and is hereby made a part of this Order.

2. Plaintiff’s motions to proceed on appeal in forma pauperis (Dkts. 70, 71) are denied.

3. The Clerk is directed to notify the Court of Appeals of this ruling in accordance with Federal Rule of Appellate Procedure 24(a)(4).

DONE AND ORDERED in Tampa, Florida, on August 2, 2021. s/William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Plaintiff, pro se and Counsel of Record