Munn v. Morris et al

Filing 51

ORDER denying 48 Motion for Leave to Appeal in forma pauperis and adopting 49 Report and Recommendations. The Clerk is directed to collect the $455 filing fee pursuant to the terms of the Prison Litigation Reform Act. Signed by Honorable Susan O. Hickey on April 13, 2012. (adw)

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

WILLIE MUNN
VS.

PLAINTIFF
CASE NO. 4:11-CV-4085

SHERIFF BUTCH MORRIS,
Nashville, Howard County, Arkansas;
JALA TALLANT, Jail Administrator

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed April 4, 2012 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
49). Judge Bryant recommends that Plaintiff’s Motion for Leave to Appeal In Forma Pauperis (ECF
No. 48) be denied. After reviewing the record de novo, the Court adopts Judge Bryant’s Report and
Recommendation as its own.
Judge Bryant recommends denying Plaintiff’s motion because under 28 U.S.C. § 1915(a)(3)
“[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not
taken in good faith.” In this case, claims against Sheriff Morris and Jala Tallant are still pending,
and a final appealable judgment has not been entered pursuant to Federal Rule of Civil Procedure
54(b). For this reason, Plaintiff’s appeal is not taken in good faith. Plaintiff has filed an objection
to the Report and Recommendation (ECF No. 50), but he has not articulated any reason why Judge
Bryant’s recommendation is in error.
The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and
Recommendation (ECF No. 49). For the reasons stated herein and above, as well as those contained
in the Report and Recommendation, Plaintiff’s motion for leave to appeal in forma pauperis (ECF

No. 48) is DENIED. The clerk is 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 Court of Appeals for the Eighth Circuit. Fed. R. App. P. 24(a).
IT IS SO ORDERED, this 13th day of April, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge

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