Davis v. Phillips et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 Report and Recommendations; denying 17 Motion for Leave to Appeal in forma pauperis. Plaintiff my renew his motion for leave to appeal IFP with the Court of Appeals for the Eighth Circuit. Signed by Honorable Susan O. Hickey on January 6, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
TRAVIS LAND DAVIS

VS.

PLAINTIFF

Civil No. 1:13-cv-1056

TREY PHILLIPS, et al

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed December 12, 2013, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 19).
Judge Bryant recommends that Plaintiff’s Motion for Leave to Appeal in forma pauperis (ECF No. 17)
be denied because the appeal is not taken in good faith and is not timely. See 28 U.S.C. § 1915(a)(3);
Federal Rule of Appellate Procedure 4.
The parties have not filed objections to the Report and Recommendation, and the time to object
has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation
in toto. Plaintiff’s Motion for Leave to Appeal in forma pauperis (ECF No. 17) is DENIED. Plaintiff
may renew his motion for leave to appeal IFP with the Court of Appeals for the Eighth Circuit. Fed. R.
App. P. 24(a). The Clerk is directed to collect the $505.00 appellate filing fee from Davis pursuant to
the provisions of the Prison Litigation Reform Act.
IT IS SO ORDERED, this 6th day of January, 2014.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge