Munn et al v. Hunt et al

Filing 24

ORDER denying as moot 15 Motion for Leave to Appeal in forma pauperis; denying as moot 18 Motion for Leave to Appeal in forma pauperis; ORDER Granting IFP, directing Clerk to assess filing fee and collect funds from Prison Account of Willie Munn. Signed by Honorable Barry A. Bryant on May 24, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WILLIE MUNN and MARY ELIZA MUNN v. PLAINTIFF Civil No. 4:15-cv-04072 CRISSY HUNT; CASEY PARKER; JAILER DUSTIN WAKEFIELD; JOE KUHN; ASHLEY VAILES; and ARKANSAS PAROLE BOARD & GOVERNMENT DEFENDANTS ORDER Plaintiff Willie Munn proceeds in this matter pro se pursuant to 42 U.S.C. § 1983. Currently before the Court are Plaintiff’s Motions to Appeal in forma pauperis (ECF No. 15, 18) and Plaintiff’s Application to Proceed in this case in forma pauperis (“IFP”). ECF No. 6. On October 27, 2015 this Court entered a Report and Recommendation of the Magistrate Judge dismissing Plaintiff’s Complaint based on the accumulation of three strikes in cases filed in this district and the Eastern District of Arkansas. ECF No. 12. As a result, Plaintiff’s IFP Application (ECF No. 6) was never addressed. On February 2, 2016 Plaintiff filed a Motion for Leave to Appeal. ECF No. 15. This Court withdrew the Report and Recommendation (ECF No. 12) on April 14, 2016. ECF No. 16. On April 18, 2016 Plaintiff filed a second Motion for Leave to Appeal. ECF No. 17. On May 11, 2016 Plaintiff filed a Motion to Withdraw Notice of Appeal. ECF No. 21. On May 20, 2016 the Eighth Circuit issued a mandate dismissing Plaintiff’s appeal and assessing the $505.00 appellate filing fee against Plaintiff. ECF No. 23. Accordingly, Plaintiff’s Motions to Appeal (ECF No. 15, 18) are DENIED as moot. Plaintiff’s IFP Application (ECF No. 6) is GRANTED. Pursuant to the provisions of the Prison 1    Litigation Reform Act, the Clerk is DIRECTED to collect the $350.00 filing fee and the $505 appellate filing fee from Plaintiff. DATED this 24th day of May 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE  2   

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