Webster v. Stovall et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 22 ; denying 20 Motion for Leave to File Appeal Out of Time. Signed by Honorable Susan O. Hickey on September 6, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

KAIRI WAYNE WEBSTER

v.

PLAINTIFF

CASE NO. 4:16-cv-04100

SHERIFF RON STOVALL, et al.

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed August 28, 2018, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 22. Judge Bryant recommends that Plaintiff’s Motion for Leave to File Appeal Out of
Time 1 (ECF No. 20) be denied pursuant to the timing provisions of Federal Rule of Appellate
Procedure 4. Judge Bryant also recommends that the Court direct the Clerk of Court to refund to
Plaintiff all funds that have been withdrawn from Plaintiff’s prison account for the collection of
the appellate filing fee.
Plaintiff has filed timely objections (ECF No. 23), however, those objections are not
specific. In his objections, Plaintiff merely asserts that he has limited knowledge and understanding
of the time requirements and procedures for filing motions and that he would like counsel to be
appointed to assist him in prosecuting the present matter. Upon consideration, the Court finds that
Plaintiffs objections are non-responsive and should be overruled. Accordingly, upon review, the

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On February 8, 2017, the Court, adopting a Report and Recommendation, dismissed the instant action with prejudice
over Plaintiff’s non-responsive objections. ECF No. 15. Thereafter, on March 2, 2017, Judge Bryant entered an order
granting Plaintiff’s motion to proceed in forma pauperis on appeal. ECF No. 17. However, Plaintiff never filed a
notice of appeal.

Court adopts Judge Bryant’s Report and Recommendation in toto. Therefore, Plaintiffs Motion for
Leave to File Appeal Out of Time (ECF No. 20) is hereby DENIED and the Clerk of Court is
DIRECTED to refund to Plaintiff all funds that have been withdrawn from Plaintiff’s prison
account for the collection of the appellate filing fee.
IT IS SO ORDERED, this 6th day of September, 2018.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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