Mize et al v. Crawford et al

Filing 57

ORDER granting 34 & 37 motions to dismiss party; adopting Report and Recommendations re 48 . 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 ERIC MIZE, Register No. 1063768, SHAHEED MUSLIM HABEEBULLAH, Register No. 519490, Plaintiffs, v. LARRY CRAWFORD, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER On September 10, 2008, United States Magistrate Judge William A. Knox r ecommended dismissing the claims of plaintiff Eric Mize. 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 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 September 10, 2008, is adopted. [48] It is further ORDERED that plaintiff Mize's motion to dismiss his claims is granted. [37] / s/ NANETTE K. LAUGHREY United States District Judge Dated: October 7, 2008 Jeffer son City, Missouri

No. 08-4063-CV-C-NKL