Jones v. State of Missouri

Filing 14

ORDER adopting Report and Recommendations re 13 ; plaintiff's claims are dismissed, without prejudice, for failure to state a claim for which relief can be granted.(Russel, Jeri)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION KEITH C. JONES, Register No. 151549, Plaintiff, v. STEVE LONG, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER No. 09-4031-CV-C-SOW On July 9, 2009, United States Magistrate Judge William A. Knox recommended that plaintiff's claims be dismissed, without prejudice. 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 July 9, 2009, is adopted. [13] It is further ORDERED that plaintiff's claims are dismissed, without prejudice, pursuant to 28 U.S.C. 1915A, for failure to state a claim for which relief can be granted. / s/ SCOTT O. WRIGHT Senior United States District Judge Dated: September 23, 2009 Kansas City, Missouri

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