Gerald Pluviose v. PHH Mortgage, Rushmore Loan Management, U.S. Bank National Association

Summary

The United States District Court for the Middle District of Florida adopted a magistrate judge’s Report and Recommendation concerning the plaintiff’s request to proceed in forma pauperis on appeal. Finding no plain error in the absence of objections, the court denied the motion.

Holdings

1. In the absence of specific objections, a district court is not required to review a magistrate judge's Report and Recommendation de novo and need only correct plain error as demanded by the interests of justice.
2. The Report and Recommendation contained no plain error warranting correction, so the district court accepted and adopted it in full.
3. Plaintiff's motion to proceed in forma pauperis on appeal was denied.

Questions Presented

1. What standard of review applies when no party objects to a magistrate judge's Report and Recommendation?
2. Whether the Report and Recommendation contained plain error requiring rejection or modification.
3. Whether Plaintiff's motion to proceed in forma pauperis on appeal should be denied.

Disposition

other