Wennerstein v. Sylvester et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JAMES E. WHITNEY WENNERSTEIN 	PLAINTIFF
V. 	CASE NO. 5:25-CV-5156
KYLE SYLVESTER (Circuit Court Clerk,
Washington County) and JUDGE MARK LINDSAY
(Circuit Court for Washington County) 	DEFENDANTS
ORDER
Currently before the Court is the Report and Recommendation (“R&R”) (Doc. 8) of
the Honorable Christy Comstock, United States Magistrate Judge for the Western District
of Arkansas, filed in this case on September 15, 2025, regarding Plaintiff’s Motion for
Leave to Proceed in forma pauperis (Doc. 2). After careful review of the R&R, Plaintiff’s
Objections (Doc. 32), and a de novo review of the record, the Court finds that the
Objections are OVERRULED; they offer neither law nor fact requiring departure from the
Magistrate Judge’s findings. Accordingly, the R&R is ADOPTED IN FULL. Plaintiff is
ineligible to proceed in forma pauperis because he has amassed three PLRA strikes.
Plaintiff offers a public policy objection to the three-strikes rule but offers no convincing
legal argument as to why any of his prior strikes should not count, nor has he cited any
facts that would trigger a recognized exception to the three-strikes rule.
Accordingly, IT IS ORDERED that the Motion for Leave to Proceed in forma
pauperis (Doc. 2) is DENIED. This case should remain referred to the Magistrate Judge.
IT IS SO ORDERED this 10th day of November, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
CHIEF UNITED STATES DISTRICT JUDGE
Case 5:25-cv-05156-TLB-CDC Document 12 Filed 11/10/25 Page 1 of 1 PageID #:
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