Santiago v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

TANYA SANTIAGO,

Plaintiff,

v. Case No. 8:21-cv-2175-WFJ-MRM

KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,

Defendant. _____________________________________/

ORDER This cause comes before the Court on Plaintiff’s application to proceed in forma pauperis (“IFP”) (Dkt. 21), which is construed as a motion for leave to proceed on appeal IFP. The magistrate judge issued a report recommending IFP status on appeal be denied. Dkt. 23. 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, in a thorough analysis, found that Plaintiff’s appeal is frivolous and, therefore, not in taken good faith. For the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court adopts the reasons therein and concludes that the Report and Recommendation (Dkt. 23) should be adopted as part of this Order, confirmed, and approved in all respects. Accordingly, the Court rules as follows:

1. The Report and Recommendation (Dkt. 23) is adopted, confirmed, and approved in all respects and made a part of this order. 2. Plaintiff’s construed motion to proceed IFP on appeal (Dkt. 21) is denied.

The Court certifies under 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a) that this appeal is not taken in good faith for the reasons set forth, and hereby adopted, in the report and recommendation. 3. The Clerk is directed to forward a copy of this Order to the parties and to

the Clerk of the United States Eleventh Circuit Court of Appeals. DONE AND ORDERED in Tampa, Florida, on March 13, 2023. s/William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Plaintiff, pro se