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Jesse Kasky, Pro Se and As Next Friend To S.M v. Amy Mcloughlin

November 4, 2011

JESSE KASKY, PRO SE AND AS NEXT FRIEND TO S.M., PLAINTIFFS,
v.
AMY MCLOUGHLIN, VIVIAN MCLOUGHLIN, KEVIN MCLOUGHLIN, BRIAN FERNANDEZ, GREGORY COLVIN, DEFENDANTS.



ORDER

This cause is before the Court on Motion for Leave to Appeal in Forma Pauperis (Doc. No. 38) filed on October 17, 2011.

The United States Magistrate Judge has submitted a report recommending that the Motion be denied .

After an independent de novo review of the record in this matter, including the objections filed by the Plaintiff, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations.

Plaintiff reasserts its previously raised arguments that the Honorable Don Briggs should not be entitled to judicial immunity in the underlying claim and that constitutional violations were committed by Defendants, who are private parties. (Doc. No. 40). To the extent Plaintiff, in his objections, continues to re-argue previously decided decisions in the present case, those objections are overruled.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation (Doc. No. 39), filed October 19, 2011, is ADOPTED and CONFIRMED and made a part of this Order.

2. The Court certifies that Defendant's appeal in forma pauperis is not taken in good faith. 28 U.S.C. § 1915(a)(3).

3. Plaintiff's "Written Objections to Report and Recommendation Filed on 10-19-2011" (Doc. No. 40), filed on October 31, 2011, are OVERRULED.

Copies furnished to:

United States Magistrate Judge Counsel of Record Unrepresented Party

20111104

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