Lott v. Dormire et al

Filing 73

ORDER denying 36 motion ; denying 41 motion for TRO; denying 52 motion ; denying 57 motion ; denying 60 Motion for preliminary injunction; denying 66 motion ; denying 68 motion ; adopting Report and Recommendations re 69 Report and Recommendations.; granting 30 motion to dismiss case.; granting 30 motion to dismiss party Signed by District Judge Nanette K. Laughrey on 9/2/09. (James, Carrie)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MARVIN LIDDELL LOTT, Register No. 198045, Plaintiff, v. LARRY CRAWFORD, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER No. 08-4252-CV-C-NKL On August 4, 2009, 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). The court has conducted a de novo review of the record, including the exceptions filed by plaintiff on August 24, 2009. The issues raised in plaintiff's exceptions were adequately addressed 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 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 4, 2009, is adopted. [69] It is further ORDERED that defendants' motion to dismiss is granted and plaintiff's claims are dismissed, without prejudice, for failure to exhaust administrative remedies, pursuant to 42 U.S.C. 1997e. [30] It is further ORDERED that plaintiff's motions seeking a temporary restraining order, emergency order, and preliminary injunction regarding his claims in this case, as well as his recent specific request for transfer are denied. [36, 41, 52, 57, 60, 66, 68] /s/ NANETTE K. LAUGHREY United States District Judge Dated: September 2, 2009 Jefferson City, Missouri 2

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