State of Missouri v. Baumruk

Filing 12

ORDER granting 6 motion to remand; adopting Report and Recommendations re 10 Report and Recommendations.; denying 2 motion for leave to proceed in forma pauperis. Signed by District Judge Nanette K. Laughrey on 7/31/09. (Bax, Laura)

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IN THE TINITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOIru CENTRAL DIVISION STATE OF MISSOURI,ex rel., JEREMIAHW. ND(ON, Missouri Attorney General, Plaintiff. v. KENNETH BAUMRUK, RegisterNo. 1063274, Defendant. ORDER On March 16,2009, United StatesMagistrate JudgeWilliam A. Knox recommended dismissing defendant'sclaims. The parties were advisedthey could file written exceptionsto the recommendation,pursuantto 28 U.S.C. $ 636(b)(l)(C). No exceptionshave been filed. A review of the record convinces the court that the recommendation of the Magistrate Judgeis correct and should be adopted. Inmates who file an appeal with the United StatesCourt of Appeals for the Eighth Circuit are required to pay the full $455.00 appellatefiling fee, regardlessof the outcome of the appeal. H e n d e r s o n v . N o r r i s ,129F.3d 481,484(8thCir. 1997). Thefilingofanoticeofappealis considereda consentby 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 Recommendationof March 16, 2009, is adopted. [10] It is turther ORDERED that defendant Baumruk's request to proceed in forma pauperis on his notice of removal is denied. l2l ltis further N o . 08-4274-CV-C-NKL ORDEREDthat the motion to remandfiled by the Stateof Missouri is grantedandthe Stateof Missouri'sPetitionfor lncarceration Reimbursement remanded the Circuit is to ColeCounty,Missouri. [6] Courtof NANETTE K. LAUGHREY UnitedStates District Judge nu,"a'@ Jefferson City, Missouri

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