CINDY ELAINE WASHINGTON
v.
MICHAEL ROMERO, SUZE SUSALINE, MICHELLE BAPTISTE, BRENDA PRESCOTT, TIARA DUNBAR, DEANA JACKSON, LASONJI HOLLENGER, MARC FISHER, BRITTANY CAMPILLO, CIERRA MCMINN, BABY JANE TANEAL, AND JEAN KEVIN CASTRO
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The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion to proceed in forma pauperis.
[1] A motion to proceed in forma pauperis accompanying an appeal of a non-final Report and Recommendation may be denied when the appellate court lacks jurisdiction and the ap…
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Join FLexlaw to unlock all legal intelligence“Absent objection, the Court conducts a 'careful and complete' review of the Report and Recommendation.”
Standard of review for report and recommendations without objection
The plaintiff sought to appeal a non-final Report and Recommendation, which the Magistrate Judge found to be not in good faith and frivolous. The Magi…
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THIS CAUSE is before the Court on the United States Magistrate Judge's report recommending that Plaintiff's motion to proceed in forma pauperis (Doc. # 31) be denied. The time for filing objections has passed.
Absent objection, the Court conducts a “careful and complete” review of the Report and Recommendation. Williams v. Wainwright, 681 F. 2d 732, 732 (11th Cir. 1982 (per curiam) (quotation citation omitted). “Clear error” review applies to portions of the Report and Recommendation to which no objection is made. Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006) (per curiam) (quotation citation omitted). Legal conclusions are reviewed 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
Court may accept, reject, or modify, in whole or in part, the Magistrate Judge's Report and Recommendation. 28 U.S.C. § 636(b)(1); Williams, 681 F. 2d at 732.
The Magistrate Judge, in a thorough and well-reasoned analysis, found that Plaintiff's October 20, 2025, Notice of Appeal (Doc. # 30) was not brought in good faith because it seeks to appeal a non-final Report and Recommendation over which the Eleventh Circuit lacks jurisdiction. [fn 1] Additionally, the Magistrate Judge found that Plaintiff's chances of ultimate success are slight and therefore, her appeal is frivolous. Having performed a de novo and independent review of the file, and for the sound reasons explained in the Report and Recommendation, this Court agrees.
Therefore it is ORDERED and ADJUDGED that:
1. The Report and Recommendation (Doc # 33) is adopted, confirmed, and approved in all respects and made a part of this order.
2. Plaintiff's motion to proceed in forma pauperis (Doc # 31) is DENIED.
DONE and ORDERED in Orlando, Florida on December 4, 2025.
ANNE LEIGH GAYLORD MOE
UNITED STATES DISTRICT JUDGE
Copies furnished to: Plaintiff, pro se
[fn 1]: Plaintiff previously attempted to appeal the Magistrate Judge's July 2, 2025, Report and Recommendation. (See Doc. # 26). Because a Report and Recommendation is not a final, appealable order, the Eleventh Circuit dismissed that appeal for lack of jurisdiction. See Washington v. Romero, No. 25-12513, 2025 WL 2699632, at *1 (11th Cir. Sept. 23, 2025).
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- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)