Eddings v. State of Missouri

Filing 4

ORDER adopting Report and Recommendations re 3 Report and Recommendations; plaintiff's claims are dismissed, without prejudice, pursuant to abstention doctrine and 28 1915A. (Russel, Jeri)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MONTY LEE EDDINGS, Register No. 97337, Plaintiff, v. STATE OF MISSOURI, Defendant. ) ) ) ) ) ) ) ) ) No. 08-4138-CV-C-NKL ORDER On August 5, 2008, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's 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 Circuit 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 5, 2008, is adopted. [3] It is further ORDERED that plaintiff's claims are dismissed, without prejudice, pursuant to the abstention doctrine and 28 U.S.C. 1915A. /s/ NANETTE K. LAUGHREY United States District Judge Dated: September 8, 2008 Jefferson City, Missouri

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