USA v. Rogge

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA RESPONDENT
VS. Case No. 1:86-cr-10004
1:97-cr-10005
1:97-cr-10006
LESLIE ISBEN ROGGE MOVANT
JUDGMENT
Before the Court is the Report and Recommendation filed November 6, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 77). Judge Bryant recommends that Rogge’s motion for relief under 28 U.S.C. § 22551
(ECF Nos. 74 & 77) be denied and the case dismissed with prejudice, as time-barred, successive, and
as an abuse of writ. Judge Bryant further recommends that the Clerk of this Court be directed not
to accept any future pleading for filing unless Rogge first obtains authorization for such filing from
the United States Court of Appeals for the Eighth Circuit or alleges an immediate threat of harm to
himself. Finally, pursuant to 28 U.S.C. §1915(a), Judge Bryant recommends that the Court find that
an appeal from this dismissal would not be taken in good faith.
The parties have not filed objections to the Report and Recommendation, and the time to
object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and
Recommendation in toto. Rogge’s Motion (ECF No. 74 & 77) should be and hereby is DENIED,
and this case is DISMISSED WITH PREJUDICE. The Clerk is directed not to accept any future
All of the docket numbers in this Judgment will refer to the docket in cause no. 1:86-cr-10004.1
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pleading for filing unless Rogge first obtains authorization for such filing from the United States
Court of Appeals for the Eighth Circuit or alleges an immediate threat of harm to himself. Finally,
the Court finds that, pursuant to 28 U.S.C. §1915(a), any appeal from this dismissal would not be
taken in good faith.
IT IS SO ORDERED, this 27th day of November, 2012.
/s/ Harry F. Barnes
Hon. Harry F. Barnes
United States District Judge
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