Miller et al v. Camden County Jail

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 ; dismissing plaintiffs' claims for failure to comply with court orders. Signed by District Judge Scott O. Wright on 9-19-2008. (Morse, Judy)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION ALF RED MILLER and BOBBY PETERSON, Plaintiffs, v. CAMDEN COUNTY JAIL, Defendant. ) ) ) ) ) ) ) ) ) No. 08-4123-CV-C-SOW ORDER On August 20, 2008, United States Magistrate Judge William A. Knox recommended dismissing plaintiffs' 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 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. [14] It is further ORDERED that plaintiffs' claims are dismissed for failure to comply with court orders, pur suant to Fed. R. Civ. P. 41(b). / s/ Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge Dated: September 19, 2008

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