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)

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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

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