Green v. Wilkinson

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JAMES GREEN,

Plaintiff,

v. Case No. 8:24-cv-1182-KKM-LSG

ERIC WILKINSON, et al.,

Defendants.

ORDER In an April 23, 2025 report (Doc. 28), the United States Magistrate Judge recom- mends denial of pro se plaintiff James Green’s amended motion to appeal in forma pau- peris. The deadline to object has passed without an objection. After conducting a careful and complete review of the findings and recommenda- tions, a district judge may accept, reject, or modify a magistrate judge’s Report and Rec- ommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a

finding of fact by a magistrate judge, the district court must conduct a de novo review of that factual issue. , 952 F.2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even absent an objection. , 37 F.3d 603, 604 (11th Cir. 1994);

, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019). Absent an objection and after reviewing the factual allegations and legal conclusions, the Court adopts the Magistrate Judge’s Report and Recommendation. Green’s claims are

all barred by Florida’s four-year statute of limitations. § 95.11(3)(o), Fla. Stat.; , 340 F.3d 1279, 1283 (11th Cir. 2003) (per curiam). And his tolling ar- gument is forfeited because he did not raise it in this court.

, 148 F.3d 1262, 1265 (11th Cir. 1998) (per curiam). Green’s appeal therefore lacks arguable merit and is not in good faith, and his motion to appeal in forma pauperis must be denied.

Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report & Recommendation (Doc. 28) is ADOPTED and made a part of this order for all purposes. 2. Plaintiff James Green’s Amended Motion to Appeal in Forma Pauperis

(Doc. 24) is DENIED. 3. The Court CERTIFIES that Green’s appeal lacks arguable merit and is not

taken in good faith. 4, The clerk is DIRECTED to notify the clerk of the U.S. Court of Appeals for the Eleventh Circuit of this order in accordance with Federal Rule of Appellate Procedure 24(a)(4). 5. The clerk is FURTHER DIRECTED to mail the plaintiff a copy of this order. ORDERED in Tampa, Florida, on May 9, 2025.

pate Gnph Mizelle United States District Judge