Johnson v. Stringfellow, et al

Filing 72

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 68 Report and Recommendations; denying 67 Motion for Leave to Appeal in forma pauperis. The Clerk is directed to collect $455.00 filing fee pursuant to the terms of the Prison Litigation Reform Act. Plaintiff may renew his motion for leave to appeal IFP with the Court of Appeals for the Eighth Circuit. Signed by Honorable Susan O. Hickey on December 19, 2013. (mll) Modified on 12/19/2013 to add text. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKAN DIVISION LONNIE JOHNSON vs. PLAINTIFF Civil No. 11-cv-4099 DR. DEVIN, Jail Doctor, Sevier County Jail DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed November 25, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 68). Judge Bryant recommends that Plaintiff’s Motion for Leave to Appeal IFP be denied as the appeal is not taken in good faith, 28 U.S.C. § 1915(a)(3). The parties have 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. Plaintiff’s motion is DENIED. The Clerk is directed to collect $455 filing fee pursuant to the terms of the Prison Litigation Reform Act. Plaintiff may renew his motion for leave to appeal IFP with the Court of the Appeals for the Eighth Circuit. Fed. R. App. P. 24(a). IT IS SO ORDERED, this 19th day of December, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District

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