Emerson v. McCallum

Filing 58

ORDER ADOPTING 54 REPORT AND RECOMMENDATIONS and denying 53 Motion for Leave to Appeal in forma pauperis. Signed by Honorable Susan O. Hickey on December 7, 2012. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

TINA EMERSON

VS.

PLAINTIFF

Civil No. 6:11-cv-6085

JUDGE McCALLUM,
Circuit Judge, Clark County,
Arkansas

DEFENDANT
ORDER

Before the Court is the Report and Recommendation filed November 5, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 54). Judge Bryant recommends that Plaintiff’s Motion for Leave to Appeal in forma
pauperis be denied. (ECF No. 53). Judge Bryant concluded that, because Plaintiff’s claims were
frivolous and/or asserted against an individual immune from suit, her appeal has not been taken in
good faith. For this reason, Judge Bryant found that allowing Plaintiff’s appeal to be taken in forma
pauperis would not be appropriate under 28 U.S.C. § 1915(a)(3).
Plaintiff filed a document which the Court will construe as an objection to the Report and
Recommendation. (ECF No. 56). The objection states Plaintiff did not “in bad faith come to this
court.” Plaintiff also attached a document entitled “Calculation of Initial Payment of Filing Fee”
which reflects that she has been unable to pay her court filing fees. After reviewing the record de
novo, the Court adopts Judge Bryant’s Report and Recommendation as its own.
Plaintiffs objection does not address the substance of her dismissed claim against Judge
McCallum, an individual who is clearly immune from suit. Nor does her objection specifically

address Judge Bryant’s finding that her appeal of that dismissal would be taken in bad faith. For
these reasons, the Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and
Recommendation as its own. (ECF No. 54). For the reasons stated herein and above, as well as
those contained in the Report and Recommendation, Plaintiff’s Motion to Proceed in forma pauperis
(ECF No. 53) should be and hereby is DENIED.
IT IS SO ORDERED, this 7th day of December, 2012.

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