UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

GERALD PLUVIOSE,

Plaintiff, Case No. 2:24-cv-988-KCD-DNF

v.

PHH MORTGAGE, RUSHMORE LOAN MANAGEMENT, U.S. BANK NATIONAL ASSOCIATION,

Defendants, /

ORDER Before the Court is United States Magistrate Judge Douglas N. Frazier’s Report and Recommendation (“R&R”) (Doc. 81).1 Judge Frazier recommends that Plaintiff’s motion to proceed in forma pauperis on appeal be denied. Plaintiff objects to the R&R. (Doc. 84.) After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” a magistrate judge’s report and recommendation.

(b)(1)(C). This review takes different forms depending on whether there are objections. The district judge must “make a de novo determination of those portions of the [R&R] to which objection is made.”

(b)(1)(C). In

1 Unless otherwise indicated, all internal quotation marks, citations, case history, and alterations have been omitted in this and later citations. contrast, without objections, the R&R need only be reviewed for clear error. Macort v. Prem, Inc.,

(11th Cir. 2006). After careful consideration and an independent review of the record, the Court finds no error with the R&R. Plaintiff presses a bevy of objections related to discovery and his inability to prosecute the case because of Defendants’ conduct. But those issues could have (and should have) been brought to the Court’s attention long before now. In any event, Plaintiff's case was dismissed after he failed to file a complaint that complied with the Federal Rules of Civil Procedure despite several opportunities. His motion to appeal in forma pauperis raises no meritorious issues to undermine that decision. Accordingly, it is now ORDERED: 1. Judge Frazier’s Report and Recommendation (Doc. 81) is ACCEPTED and ADOPTED, and the findings incorporated herein. 2. Plaintiff's motion to proceed in forma pauperis on appeal (Doc. 79) is DENIED. Because the Court certifies the appeal is not taken in good faith, any request to proceed in forma pauperis must be sent to the Eleventh Circuit Court of Appeals. See Fed. R. App. P. 24(a)(5). ENTERED in Fort Myers, Florida on December 15, 2025.

KyleC.Dudek United States District Judge