Morgan v. Art et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by District Judge Nanette K. Laughrey on 9/3/08. (Bax, Laura)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION JERMAINE A. MORGAN, Register No. 1126527, Plaintiff, v. MR. ART, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER No. 08-4137-CV-C-NKL On July 18, 2008, United States Magistrate Judge William A. Knox recommended dismissing plaintiff' s claims. The parties were advised they could file written exceptions to the r ecommendation, 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 July 18, 2008, is adopted. [6] It is further ORDERED that plaintiff's claims are dismissed, pursuant to 28 U.S.C. 1915A, for failure to state a claim for which relief can be granted. / s/ NANETTE K. LAUGHREY United States District Judge Dated: September 3, 2008 Jeffer son City, Missouri

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