Williams v. Fulton State Hospital et al

Filing 43

ORDER adopting Report and Recommendations re 34 ; denying 37 motion for leave to appeal in forma pauperis; denying 16 motion for reconsideration; denying 18 motion ; denying 25 motion ; denying 26 Motion for preliminary injunction. Signed by District Judge Nanette K. Laughrey on 7/31/09. (Bax, Laura)

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IN THE T]NITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF'MISSOURI CENTRAL DIVISION SAMUEL H. WILLIAMS. Plaintiff. v. MAUSEEN SAUBLE, Defendant. N o . 08-4218-CV-C-NKL ORDER On April 7,2009,United States Magistrate Judge William A. Knox recommended that plaintifPsmotionsof December 2008,andFebruary 31, 24,2009,for injunctiverelief be denied. The partieswere advisedthey could file written exceptions the recommendation, to pursuantto 2 8 U.S.C.$ 636(bXl)(C).No exceptions havebeenfiled. A review of the recordconvinces court that the recommendation the Magistrate the of Judgeis correctand shouldbe adopted. Plaintiffhasrequested reconsideration the dismissal someclaimsanddefendants. of of He againwantsto challenge confinement jail andto bring claimsagainstthe prosecutor, his in public defender others. Suchclaimsareimproperunder42 U.S.C.$ 1983,andhis request and mustbe denied. On April 16,2009,plaintiff filed a noticeof appeal request leaveto proceed and for in formapauperis appeal.Plaintiff s noticeof appeal on triggersthe assessment the appellate of filing feein the amountof $455.00, constitutes and consent the deduction that fee from his for of inmate account. U.S.C.$ l915; Henderson Norris, 129F.3d 481,484(8thCir. lggT). 28 v. An appealin forma pauperis, however,may not be takenif the court certifies,in writing, that it is not takenin goodfaith. 28 U.S.C.$ 1915(a)(3). The courtfindsplaintifPsappeal not is takenin goodfaith because final judgmenthasnot beenenteredandthereareissuesin the case a that havenot beenruled. Although the district court is denyingplaintiff leaveto proceedin forma pauperis on appealhe may still seekto proceed , under28 U.S.C.$ 1915,by filing with the appellate courta timely motionunderRule 24(a)of the Federal Rulesof Appellateprocedure.plaintiff alsomay pursue appeal a regularappellant, his as withoutthe benefitof 28 U.S.C.$ 1915,by payingthe full appellatefiling fee to the clerk of the district court within thirty days. If plaintiff doesnot file a Rule24(a)motionor pursue appeal a regularappellant, appeal his as his may be dismissed by the appellate court. The denial of in forma pauperisstatusby the district court doesnot relieveplaintiff of the obligationto paythe appellate filing fee.Plaintiffs inmateaccotrnt statement, howevero indicates he currentlyhasno moneyin his account. As frrndsbecomeavailable,plaintiff will be required to makepayments toward the filing fee. THEREFOREIT IS ORDEREDthatplaintifPsappeal not takenin goodfaith and , is plaintiff is deniedleaveto proceed formapauperis appeal. in on [37) Itis further ORDEREDthat the Greene CountyJusticeCenteris directedto deductfrom plaintifps inmateaccount,and forward to the court, if sufficient fundsbecomeavailable,installment payments accord in with theprovisions 28 U.S.C.$ 1915,wrtil the $455.00 of appellate filing fee is paid in full. It is furrher ORDEREDthatplaintiff s motionsrfor reconsideration denied. are further ORDEREDthatthe ReportandRecommendation April 7,200g,is adopted. of [3a] It is further ORDEREDthatplaintiff s motionsof December 2008,and 31, February24,2009,for injunctiverelief aredenied. [18, 26] ll4,16,251 It is D a t e d7- 7t-oz : Jefferson City, Missouri NANETTE K. LAUGHHEY United States District Judge lDocuments 14 and 16 appearto be identical. 2

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