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)

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