GERALD PLUVIOSE
v.
PHH MORTGAGE, RUSHMORE LOAN MANAGEMENT, U.S. BANK NATIONAL ASSOCIATION
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Plaintiff Pluviose appealed a magistrate judge's recommendation denying his motion to proceed in forma pauperis on appeal. The district court adopted the R&R, finding no error and denying the motion because Plaintiff's underlying case was dismissed for failure to file a compliant complaint despite multiple opportunities.
The court accepted and adopted the magistrate judge's report and recommendation, denying Plaintiff's motion to proceed in forma pauperis on appeal because the appeal was not taken in good faith and raised no meritorious issues.
[1] A district judge must conduct a de novo determination of portions of a magistrate judge's report and recommendation to which objections are made.
[2] A district judge may review a magistrate judge's report and recommendation for clear error when no objections are filed.
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Explains the basis for the underlying dismissal that led to the in forma pauperis motion.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed suit against PHH Mortgage, Rushmore Loan Management, and U.S. Bank National Association. His case was dismissed after he failed to fil…
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Before the Court is United States Magistrate Judge Douglas N. Frazier's Report and Recommendation (“R&R”) (Doc. 81). [fn 1] Judge Frazier recommends that Plaintiffs 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. 28 U.S.C. § 636(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.” 28 U.S.C. § 636(b)(1)(C). In contrast, without objections, the R&R need only be reviewed for clear error. Macort v. Prem, Inc., 208 F. App'x 781, 784 (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, Plaintiffs 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.
Kyle C. Dudek United States District Judge
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, case history, and alterations have been omitted in this and later citations.