Sanders v. Butler et al

Filing 15

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION COREY SANDERS V. PLAINTIFF CASE NO. 10-CV-1014 DAVID BUTLER, Columbia County, Deputy Prosecuting Attorney; and RANDY L. REED DEFENDANTS ORDER 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 -2-

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