Afiz v. Corporate Missouri Department of Corrections et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff is denied leave to proceed in forma pauperis and his claims are dismissed, without prejudice. Signed by District Judge Nanette K. Laughrey on 1/16/09. (Bax, Laura)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION ABDUL AL-HAKEEM AFIZ, a/k/a MIRON TAYLOR, Register No. 350138, Plaintiff, v. CORPORATE MISSOURI DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 08-4235-CV-C-NKL ORDER On October 28, 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). The court has conducted a de novo review of the record, including the exceptions filed by plaintiff on November 10, 2008. The issues raised in plaintiff's exceptions were adequately addr essed in the report and recommendation. The court is persuaded 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 October 28, 2008, is adopted. [3] It is further ORDERED that plaintiff is denied leave to proceed in forma pauperis and his claims ar e dismissed, without prejudice, pursuant to 28 U.S.C. 1915(g). / s/ NANETTE K. LAUGHREY United States District Judge Dated: January 16, 2009 Jeffer son City, Missouri 2

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