Webb v. State of Missouri

Filing 111

ORDER denying 86 motion ; granting 102 motion for summary judgment; adopting Report and Recommendations re 109 . Signed by District Judge Nanette K. Laughrey on 7/31/09. (Bax, Laura)

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IN THE TII\ITED STATES DISTRICT COURT F'ORTHE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION A N T O N I OWEBB,Register I 175777, No. Plaintifl v. CHERYL MUTRE, et al., Defendants. No. 07-4024-CV-C-NKL ORDER On May 22,2009,UnitedStates Magistrate Judge William A. Knox recommended plaintiffs claims. Theparties dismissing wereadvised theycouldfile wriuen exceptions the to r e c o m m e n d a t i opursuant 28 U.S.C.$ 636(bX1XC). n, to The courthasconducted de novoreviewof the record,includingthe exceptions a filed by plaintiffon June18,2009. The issues raisedin plaintifPsexceptions wereadequately addressed in the reportandrecommendation. The court is persuaded the recommendation the that of MagistrateJudgeis correctand shouldbe adopted. Inmateswho file an appealwith the United States Court of Appealsfor the Eighth Circuit arerequired paythe fuIl $455.00 to appellate filing fee,regardless the outcome the appeal. of of Henderson Norris, 129F.3d 481,484(8th Cfu.1997).The filing of a noticeof appeal v. is considered consent the inmateto allow prisonofficialsto deductan initial partialappellate a by filing feeandlaterinstallments from the prisoner's account. IT IS, THEREFORE, ORDEREDthat the ReportandRecommendation May 22,2009, of is adopted.[09] It is furttrer ORDEREDthatplaintiff s motionfor judgmentregarding defense counsel's obtaining documents denied. [86] It is further is ORDEREDthat defendants' judgmentis grantedandplaintifips motion for summary c l a i m saredismissed. [102] NANETTE K. LAUGHREY United States District Judge out"a,W Jeflerson City, Missouri

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