Hester v. Norris et al

Filing 104

ORDER adopting 99 Recommended Disposition in its entirety; therefore, Pltf is awarded $360 against Deft Brenda Kirksey only, on Pltf's claim that she failed to protect him from another inmate's assault and for Pltf's filing fees; granting in part and denying in part Pltf's 103 Motion for attorney and filing fees; judgment will be entered accordingly. Signed by Judge James M. Moody on 5/8/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION WESLEY HESTER ADC #129029 V. LARRY NORRIS et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Also pending before the Court is plaintiff's motion for attorney and filing fees (#103). Plaintiff's motion for attorney's fees filed pursuant to Federal Rule of Civil Procedure 54 is denied as plaintiff is not an attorney. Plaintiff's motion for $350.00 in filing fees is granted.1 See 28 U.S.C. 1920. IT IS THEREFORE ORDERED THAT Plaintiff is awarded $360.00 against Defendant Brenda Kirksey only, on plaintiff's claim that she failed to protect him from another inmate's assault and for plaintiff's filing fees. DATED this 8 day of May, 2009. NO: 2:08CV00123 JMM DEFENDANTS PLAINTIFF UNITED STATES DISTRICT JUDGE Plaintiff did not file a bill of costs or affidavit as required by 28 U.S.C. 1920 and 1924, however the Court will take judicial notice that the docket sheet reflects that by Order of the Court the amount of the filing fee was $350.00 and that this amount is being withheld from plaintiff's institutional account. 1

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