Wennerstein v. Sylvester et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JAMES E. WHITNEY WENNERSTEIN 	PLAINTIFF
v. 	Civil No. 5:25-CV-05156-TLB-CDC
KYLE SYLVESTER
(Circuit Court Clerk, Washington County);
JUDGE MARK LINDSAY
(Circuit Court for Washington County) 	DEFENDANTS
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Pursuant to the provisions
of 28 U.S.C. § 636(b)(1) and (3), the Honorable Timothy L. Brooks, Chief United States District
Judge, 	referred 	this 	case 	to 	the 	undersigned 	for 	the 	purpose 	of 	making 	a 	Report 	and
Recommendation. Currently before the Court is Plaintiff’s Motion to Appeal in forma pauperis.
(ECF No. 20).
Plaintiff’s Motion to Proceed in forma pauperis (IFP) in this case was denied because he
had amassed three PLRA strikes prior to filing this case. (ECF No. 12). Plaintiff has now filed a
Motion to Appeal this decision IFP. 	(ECF No. 20). 	In his Motion, Plaintiff offers no legal
argument as to why his prior strikes should not count as strikes or cites no facts which would
trigger a recognized exception to the three-strikes rule. Thus, for the same reasons enunciated in
the Report and Recommendation (ECF No. 8), as well as the Order adopting the Recommendation
(ECF No. 12), Plaintiff’s Motion to Appeal IFP should be denied. 	See 28 U.S.C.A. § 1915(g)
(West) (“In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or
proceeding under this section if the prisoner has” amassed three PLRA strikes.
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Accordingly, it is recommended that Plaintiff’s renewed Motion to Appeal in forma
pauperis (ECF No. 20) be DENIED.
The parties have fourteen days from receipt of the Report and Recommendation in
which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. 	The parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court.
DATED this 5th day of January 2026.
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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