Randolph v. Dormire et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 12 of August 20, 2009; denying as moot 13 plaintiff's Motion to Dismiss Case. Signed by District Judge Scott O. Wright on 10/20/2009. (Sandridge, Susan)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION RONNIE RANDOLH, Register No. 48868, Plaintiff, v. DAVE DORMIRE, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER Case No. 09-4059-CV-C-SOW On August 20, 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). 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 August 20, 2009, is adopted. [12] It is further ORDERED that plaintiff's claims are dismissed, pursuant to the provisions of 28 U.S.C. 1915A, for failure to state a claim for which relief can be granted. It is further ORDERED that plaintiff's motion to dismiss is denied as moot. [13] /s/ Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge DATED: October 20, 2009 2

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