TOWNES v. DAVIS et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
DARIAN TOWNES,
Plaintiff,
v.
Warden HEATHER DAVIS,
et al.,
Defendants.
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CASE NO:
7:24-cv-36—WLS-ALS
ORDER
Before the Court is the Report and Recommendation (Doc. 51) (“Recommendation”)
filed December 15, 2025, by United States Magistrate Judge Alfreda L. Sheppard. Therein,
Judge Sheppard recommends that the Court deny Plaintiff’s second motion to appeal in forma
pauperis (“IFP”). (See Doc. 49). Judge Sheppard notified the parties that they had fourteen days
within which to file an objection to the Recommendation. Neither party did so. (See Doc. 51
at 4 & Docket). Thus, the Court reviews the Recommendation for clear error.1
Upon full review and consideration of the record, the Court finds no clear error, and
that Judge Sheppard’s Recommendation (Doc. 51) should be, and hereby is, ACCEPTED,
ADOPTED, and made the Order of this Court for the reason of the findings made and
reasons stated therein. Plaintiff’s second motion (Doc. 49) to appeal IFP is DENIED.
Plaintiff may submit a request to proceed in forma pauperis to the Eleventh Circuit Court of
Appeals consistent with its rules and the applicable law or pay the appellate filing fee.
SO ORDERED, this 15th day of January 2026.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
1 28 U.S.C. § 636(b) provides that “[a] judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings or recommendation to which objection is made.” 28 U.S.C. §
636(b); F ED . R. CIV . P. 72. If no timely objections are filed, the court considers the recommendation for clear
error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006) (“Most circuits agree that in the absence of a
timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that
there is no clear error on the face of the record in order to accept the recommendation.”) (internal quotation
marks and citation omitted)).
Case 7:24-cv-00036-WLS-ALS Document 52 Filed 01/15/26 Page 1 of 1