Savory v. Moore et al

Filing 56

ORDER granting 45 defendants' motion for summary judgment; adopting Report and Recommendations re 55 Report and Recommendations. Signed by District Judge Scott O. Wright on 1-21-09. (Morse, Judy)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

MATTHEW SAVORY, Register No. 503817, Plaintiff, v. TERRY MOORE, et al., Defendants.

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No. 06-4203-CV-C-SOW

ORDER On December 22, 2008, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). No exceptions have been filed. A review of the record convinces the court that the recommendation of the Magistrate Judge is correct and should be adopted. Inmates who file an appeal with the United States Court of Appeals for the Eighth Circuit are required to pay the full $455.00 appellate filing fee, regardless of the outcome of the appeal. Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997). The filing of a notice of appeal is considered a consent by the inmate to allow prison officials to deduct an initial partial appellate filing fee and later installments from the prisoner's account. IT IS, THEREFORE, ORDERED that the Report and Recommendation of December 22, 2008, is adopted. [55] It is further ORDERED that defendants' motion for summary judgment is granted and plaintiff's claims are dismissed. [45] /s/Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge Dated: January 21, 2009