Evans v. Fitzhugh et al

Filing 14

ORDER denying 11 Motion for Leave to Appeal in forma pauperis. Adopting Report and Recommendations re 13 . Plaintiff may renew his motion for leave to appeal In Forma Pauperis, with the Court of Appeals for the Eighth Circuit. The clerk is directed to collect the $455.00 filing fee, pursuant to the terms of the Prison Litigation Reform Act. Signed by Honorable Robert T. Dawson on August 31, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DAVID RAY EVANS v. No. 07-2040 PLAINTIFF

JUDGE J. MICHAEL FITZHUGH, Circuit Judge; CLAIRE LOUISE BORENGASSER, Senior Deputy Prosecutor and UNITED STATES MAGISTRATE JUDGE JAMES R. MARSCHEWSKI ORDER

DEFENDANTS

Now on this 31st day of August 2009, there comes on for consideration the report and recommendation filed herein on August 11, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 13). (Doc.

The parties have not filed any objections to the report

and recommendation. The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's motion for leave to See 28 U.S.C. § 1915(a)(3).

appeal IFP (Doc. 11) is DENIED.

Plaintiff may renew his motion for leave to appeal IFP with the Court of Appeals for the Eighth Circuit. 24(a). the See Fed. R. App. P.

Further, the U.S. District Clerk is directed to collect filing fee pursuant to the terms of the Prison

$455

Litigation Reform Act.

AO72A (Rev. 8/82)

IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)