Caradine v. Doe et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Further denying 16 MOTION for Leave to Appeal in forma pauperis filed by William F Caradine, II, as the appeal is not taken in good faith, because Plaintiffs claims are frivolous. Signed by Honorable Robert T. Dawson on June 10, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
WILLIAM F. CARADINE, II
JOHN OR JANE DOE, Owner/
General Manager, Dollar
General Store and NINA RIDENOUR
Now on this 10th day of June 2011, there comes on for
consideration the report and recommendation filed herein on May
11, 2011, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.
Also before the Court are Plaintiff’s objections to the
report and recommendation.
The court has reviewed this case de novo and, being well
and sufficiently advised, finds as follows:
The report and
recommendation is proper and should be and hereby is adopted in
Accordingly, Plaintiff’s motion for leave to
appeal IFP (doc. 16) is DENIED as the appeal is not taken in
good faith, because Plaintiff’s claims are frivolous.
U.S.C. § 1915(a)(3).
Plaintiff may renew his motion for leave
to appeal IFP with the Court of Appeals for the Eighth Circuit.
See Fed. R. App. P. 24(a).
Further, the U.S. District Clerk is
directed to collect the $455 filing fee pursuant to the terms of
the Prison Litigation Reform Act.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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