Denham v. Stinson

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS in toto for 13 Report and Recommendations; denying 12 MOTION for Leave to Appeal in forma pauperis filed by Billy Joe Denham, Jr.. Signed by Honorable Harry F. Barnes on March 22, 2010. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

BILLY JOE DENHAM, JR.

PLAINTIFF

V. DAVID STINSON, Narcotics Investigator, Howard County, Arkansas

CASE NO. 09-CV-4094

DEFENDANT

ORDER Before the Court is the Report and Recommendation filed February 22, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. 13). Judge Bryant recommends that Plaintiff's motion for leave to appeal be denied as the appeal is not taken in good faith. See 28 U.S.C. § 1915(a)(3). Judge Bryant further recommends that the clerk be directed to collect the $455 filing fee pursuant to the terms of the Prison Litigation Reform Act. Plaintiff may renew his motion for leave to appeal in forma pauperis with the Eighth Circuit Court of Appeals. Fed. R. App. P. 24(a). Plaintiff has 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. Accordingly, Plaintiff's motion for leave to appeal (Doc. 12) is DENIED. IT IS SO ORDERED, this 22d day of March, 2010.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge