Parker v. Frisson et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; denying plaintiff leave to proceed ifp and dismissing his claims. Signed by District Judge Scott O. Wright on 1-9-09. (Morse, Judy)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION DANNY PARKER, Register No. 25572, Plaintiff, v. WALTER FRISSON, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER No. 08-4234-CV-C-SOW On December 11, 2008, U.S. 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 December 11, 2008, is adopted. [10] It is further ORDERED that plaintiff is denied leave to proceed in forma pauperis and his claims are dismissed, without prejudice, pursuant to 28 U.S.C. 1915(g). /s/Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge Dated: January 9, 2009

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