Sanders v. Butler et al
ORDER adopting Report and Recommendations re 13 ; denying 11 Motion for Leave to Appeal in forma pauperis; Clerk is directed to collect the $455.00 filing fee re PLRA. Signed by Honorable Harry F. Barnes on July 7, 2011. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
CASE NO. 10-CV-1014
DAVID BUTLER, Columbia
County, Deputy Prosecuting Attorney;
and RANDY L. REED
Before the Court is the Report and Recommendation filed May 16, 2011, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
13). Judge Bryant recommends that Plaintiff’s motion for leave to appeal in forma pauperis be
denied as the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). Plaintiff has responded
with objections. (ECF No. 14). After reviewing the record de novo, the Court adopts Judge Bryant’s
Report and Recommendation as its own.
Plaintiff’s objections to the Report and Recommendation refer to the merits of his underlying
lawsuit and issues that have already been decided by this court. (See ECF No. 8). The Court has
reviewed these objections and finds no merit in the objections. Accordingly, for reasons stated
herein and above, as well as those contained in Judge Bryant’s Report and Recommendation (ECF
No. 13), Plaintiff’s motion for leave to appeal in forma pauperis (ECF No. 11) is DENIED. The
Clerk is directed to collect the $455 filing fee from Plaintiff pursuant to the terms of the Prison
Litigation Reform Act. Plaintiff may renew his motion for leave to appeal in forma pauperis with
the Court of Appeals for the Eighth Circuit..
IT IS SO ORDERED, this 7th day of July, 2011.
/s/ Harry F. Barnes
Hon. Harry F. Barnes
United States District Judge
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