Weston et al v. Crawford et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Gregory Weston's claims are dismissed. Signed by District Judge Nanette K. Laughrey on 10/7/08. (Bax, Laura)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION GREGORY WESTON, Register No. 343159, ) RODNEY HENDERSON, Register No. 320781, ) ) Plaintiffs, ) ) v. ) ) LARRY CRAWFORD, et al., ) ) Defendants. ) ORDER On August 20, 2008, United States Magistrate Judge William A. Knox recommended dismissing the claims of plaintiff Gregory Weston. The parties were advised they could file wr itten 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 Cir cuit 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 August 20, 2008, is adopted. [28] It is further ORDERED that plaintiff Weston' s claims are dismissed for failure to prosecute and to comply with orders of the court, pursuant to the provisions of Fed. R. Civ. P. 41(b). / s/ NANETTE K. LAUGHREY United States District Judge Dated: October 7, 2008 Jeffer son City, Missouri

No. 07-4244-CV-C-NKL