Caradine v. Doe et al

Filing 22

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION WILLIAM F. CARADINE, II v. PLAINTIFF No. 11-2003 JOHN OR JANE DOE, Owner/ General Manager, Dollar General Store and NINA RIDENOUR DEFENDANTS ORDER 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. 19). (Doc. Also before the Court are Plaintiff’s objections to the report and recommendation. (Doc. 21). 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 its entirety. 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). See 28 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 AO72A (Rev. 8/82) the Prison Litigation Reform Act. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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