Sayres v. Felts et al

Filing 38

AMENDED AND SUBSTITUTED ORDER denying 32 Motion for Leave to Appeal in forma pauperis; denying 31 Motion for Reconsideration; denying 36 Motion to Amend Case and ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Honorable Jimm Larry Hendren on March 6, 2014. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION ROBERT SAYRES PLAINTIFF v. Civil No. 13-3096 JOHN FELTS, Arkansas Board of Parole; SHERIFF MIKE MOORE; JAMIN B. MARTIN, Parole Officer; and OFFICER ROBERT CUTBORTH DEFENDANTS AMENDED AND SUBSTITUTED ORDER The Order entered on March 4, 2014, is hereby amended to reflect that plaintiff's Motion to Appeal In Forma Pauperis (document #32) is denied, as recommended in the Magistrate Judge's Report and Recommendation (document #33). * * * Now on this 4th day of March 2014, comes on for consideration the Magistrate Judge's Report and Recommendation (document #33) and plaintiff's objections thereto. The Court has reviewed the Report and Recommendation advised, finds plaintiff has that stated it is and, being sound neither law in well all nor and sufficiently respects, fact to and refute that the Recommendation. Also pending is plaintiff's Motion for Reconsideration (document #31) and Motion to Amend Case (document #36), in which plaintiff restates his previous arguments and seeks to add Ray Hobbs as a defendant. The Court finds that plaintiff has stated neither law nor fact to warrant the relief requested. Accordingly, those motions will be denied. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (document #33) is hereby adopted in toto, and plaintiff's objections are overruled; IT IS FURTHER ORDERED that plaintiff's Motion to Appeal In Forma Pauperis (document #32) is hereby denied; IT IS FURTHER ORDERED that plaintiff's Motion for Reconsideration (document #31) and Motion to Amend Case (document #36) are hereby denied; IT IS SO ORDERED this 6th day of March 2014, nunc pro tunc March 4, 2014. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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