White v. Stovall et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS; denying 16 Motion for Leave to Appeal in forma pauperis; denying 19 Motion to Extend. Signed by Honorable Susan O. Hickey on August 27, 2013. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ERIC L. WHITE vs. PLAINTIFF Civil No. 12-CV-4061 SHERIFF RON STOVALL; and ARKANSAS DEPARTMENT OF COMMUNITY CORRECTIONS DEFENDANTS ORDER Before the Court is the Report and Recommendation filed August 6, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 20). Judge Bryant recommends that Plaintiff’s Motion for Leave to Appeal IFP (ECF No. 16) be DENIED pursuant to 28 U.S.C. § 1915(a)(3) as the appeal is not taken in good faith and is untimely pursuant to Fed. R. App. P. 4. Judge Bryant further recommends that Plaintiff’s Motion to Extend Time to Appeal (ECF No. 19) be DENIED because it was untimely and because Plaintiff failed to show good cause for why an extension should be granted. No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1)(C). Upon review, the Court adopts the Report and Recommendation in toto. Plaintiff’s Motion for Leave to Appeal IFP (ECF No. 16) is DENIED. Plaintiff’s Motion to Extend Time to Appeal (ECF No. 19) is DENIED. Plaintiff may renew his Motion for Leave to Appeal IFP with the Court of Appeals for the Eighth Circuit. Fed. R. App. P. 24(a). IT IS SO ORDERED, this 27th day of August, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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