White et al vs. Jay Finch, et al
ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS ; denying 17 18 Motions for Leave to Appeal in forma pauperis. The Clerk is directed to collect the $455 appellate filing fee pursuant to PLRA. Signed by Honorable Jimm Larry Hendren on April 9, 2012. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CHRISTOPHER NEWTON WHITE and
HELEN LOUISE WHITE
JUDGE JAY FINCH, ET AL.
O R D E R
NOW on this 9th day of April 2012, comes on for consideration
the Report and Recommendation of the Magistrate Judge (Doc. 20),
and the Objection filed by plaintiff Christopher Newton White (Doc.
The Court, having reviewed the Magistrate Judge’s Report and
Recommendation and plaintiff’s Objection thereto, finds and orders
Plaintiffs are proceeding before this Court pro se and in
Plaintiffs filed their complaint on August 5,
2011, under the Civil Rights Act, 42 U.S.C. § 1983.
claims arise out of a decision made by Judge Finch on September 17,
2003, to terminate Christopher Newton White’s parental rights to
his two biological children.
Mr. White did not appeal Judge
Finch’s Order terminating his parental rights.
prohibiting plaintiffs and other members of the White family from,
On January 6, 2012, the Magistrate Judge filed a Report
and Recommendation, in which she recommended that plaintiffs’
complaint be dismissed in its entirety because plaintiffs’ claims
doctrine precludes this Court’s review of some of plaintiffs’
claims; Judge Finch and Brenda DeShields, the Benton County Clerk,
are entitled to immunity; and other named defendants are not state
actors and, thus, cannot be sued under 42 U.S.C. § 1983.
On February 15, 2012, this Court adopted the Report and
Recommendation in toto and dismissed plaintiffs’ complaint.
On March 8, 2012, Christopher Newton White filed a Notice
of Appeal (Doc. 16) and on the same day both plaintiffs filed
separate applications to appeal in forma pauperis (Docs. 17 and
On March 12, 2012, the Magistrate Judge issued her Report
and Recommendation in which she recommended that both applications
for leave to appeal in forma pauperis be denied as the appeal is
not taken in good faith.
See 28 U.S.C. § 1915(a)(3) (providing
that an appeal “may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good faith.”).
Recommendation on the grounds that he “does not and has not sought
to challenge” the termination of his parental rights as he is a
“sentient” and “was not and never will be and can not be enjoined
as a party to any such alleged ‘Termination Hearings’. . . .”
The Court finds that White’s objections are without merit and
do not provide the Court with any basis on which to reject the
Magistrate Judge’s Report and Recommendation.
IT IS FURTHER ORDERED that the Report and Recommendation of
the Magistrate Judge (Doc. 20) is adopted in toto.
1915(a)(3), the Court hereby certifies that plaintiffs’ appeal is
not taken in good faith and, therefore, plaintiffs’ applications to
appeal in forma pauperis (Docs. 17 and 18) are hereby denied.
The Clerk is directed to collect the $455 appellate filing fee
Plaintiff may, of course, renew his motion for leave to appeal in
forma pauperis with the Eighth Circuit Court of Appeals.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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