Percefull v. Claybaker et al

Filing 18

ORDER denying 14 Motion for Leave to Appeal in forma pauperis and adopting 16 Report and Recommendations. The Clerk is directed to collect the $455 filing fee under the PLRA. Signed by Honorable Robert T. Dawson on February 4, 2013. (adw)

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

PLAINTIFF

v.

Case No. 12-6040

CHRIS CLAYBAKER, Mayor, Camden
Arkansas; LIEUTENANT BAILY, Malvern
Police Department; GREGORY CRAIN,
Hot Springs County Public Defender
AND MAYOR NORTHCUTT, Malvern, Arkansas

DEFENDANTS

ORDER
Now on this 4th day of February 2013, there comes on for
consideration the report and recommendation of the Honorable James
R. Marschewski.

(Doc. 16).

objections (doc. 17).

Also before the Court are Plaintiff’s

The Court has fully considered Plaintiff’s

objections and reviewed this case de novo.
The Court, being well and sufficiently advised, finds that the
report and recommendation is proper and should be adopted in its
entirety.

Accordingly, the motion for leave to appeal IFP (doc.

14) is DENIED as the appeal is not taken in good faith, 28 U.S.C.
§ 1915(a)(3).

The Clerk is directed to collect the $455 filing fee

under the PLRA.

Plaintiff may renew his motion for leave to appeal

IFP with the Court of Appeals for the Eighth Circuit, as well as
his request for counsel.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)