White v. Kelly

Filing 25

ORDER granting in part and denying in part 24 Motion for Extension of Time to File Objections to 23 Report and Recommendations, MOTION for Reconsideration re 21 Order on Motion to Appoint Counsel. Objections to R&R due by 3/10/2017. Plaintiff's motion for reconsideration and request for a form to file are denied. Signed by Honorable Susan O. Hickey on February 15, 2017. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
KENNETH WHITE
v.

PETITIONER
Case No. 4:16-cv-4067

WENDY KELLEY, Director, Arkansas
Department of Correction

RESPONDENT
ORDER

Before the Court is Petitioner Kenneth White’s Motion to Require Additional Time for
Report and Recommendation. (ECF No. 24). Petitioner asks the Court for an extension of time
in which to object to the Report and Recommendation entered February 1, 2017, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
The Court finds that good cause for the extension has been shown. Accordingly, Petitioner’s
motion (ECF No. 24) is granted.

Petitioner must file any objections to the Report and

Recommendation on or before March 10, 2017.
Petitioner also asks the Court to reconsider the Court’s January 20, 2017 denial of his
motion to appoint counsel. Plaintiff has pointed the Court to no manifest error of law, manifest
error of fact, or newly discovered evidence such that it is appropriate for the Court to reconsider
its ruling.

See Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir. 1988).

Accordingly, Petitioner’s motion for reconsideration is denied.
Petitioner further asks the Court for “a form,” stating that he has no way of getting the
correct documents to file. The Court is unsure what document Petitioner is seeking, and he does
not specify. Further, the Court finds that a form or document is not necessary to object to a
Report and Recommendation, as objections may be written. Accordingly, Petitioner’s request is

denied.
In conclusion, Petitioner’s motion (ECF No. 24) is GRANTED IN PART AND
DENIED IN PART. Petitioner must file any objections to the Report and Recommendation on
or before March 10, 2017. Plaintiff’s motion for reconsideration and request for a form to file
are denied.
IT IS SO ORDERED, this 15th day of February, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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