Webb v. State of Missouri

Filing 137

ORDER granting 125 motion for summary judgment and adopting Report and Recommendations re 133 . Signed by District Judge Nanette K. Laughrey on 8/21/09. (Bax, Laura)

IN THE UNITED STATES DISTRICT COURT F'ORTHE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION A N T O N I OWEBB,Register I 175777, No. Plaintiff, v. STEVESMARTWOOD.et al.. Defendants. ORDER On Junel5,2009,United States Magistrate Judge William A. Knox recommended dismissing plaintiffs claims. Theparties wereadvised theycould file written exceptions the to r e c o m m e n d a t i opursuant 28 U.S.C.$ 636(bXlXC). n, to The court hasconducted de novo review of the record,including the exceptions a filed by plaintiff on hlJy27,2009. The issues raisedin plaintifPsexceptions wereadequately addressed in the reportandrecommendation. The court is persuaded the recommendation the that of Magistrate Judge correctandshouldbe adopted. is lnmateswho file an appealwith the United States Court of Appealsfor the Eighth Circuit arerequired paythe fulI $455.00 to appellate frling fee,regardless the outcome the appeal. of of Henderson Norris, 129F.3d 481,484(8th Cir. 1997).The filing of a noticeof appeal v. is considered consent the inmateto allow prisonofficialsto deductan initial partialappellate a by filing fee andlaterinstallments from the prisoner's account. IT IS, THEREFORE, ORDEREDthatthe ReportandRecommendation June15,2009, of is adopted.[33] It is frrther judgmentis grantedandplaintiff s ORDEREDthat defendants' motion for summary c l a i m saredismissed. [125] NANETTE K. LAUGHREY UnitedStates District Judge N o . 07-4017-CV-C-NKL

D a t e- lt-o d:

Jefferson City, Missouri

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