Straeten v. Dormire et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's claims are dismissed. Signed by District Judge Nanette K. Laughrey on 11/12/09. (Bax, Laura)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

TIMOTHY STRAETEN, Register No. 516953, Plaintiff, v. DAVE DORMIRE, et al., Defendants.

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No. 09-4151-CV-C-NKL

ORDER On October 8, 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 October 16, 2009. In his exceptions, plaintiff alleges, for the first time, that the defendants' alleged name-calling resulted in his foot and wrist being broken. It is unclear to this court how name-calling could result in a broken foot and wrist. Plaintiff's allegation that a defendant threw a ten-week-old fetus at him in the shower appears fanciful. 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 October 8, 2009, is adopted. [10] It is further

ORDERED that plaintiff's claims are dismissed, pursuant to 28 U.S.C. § 1915A, for failure to state a claim for which relief can be granted.

/ s/ NANETTE K. LAUGHREY United States District Judge Dated: November 12, 2009 Jefferson City, Missouri

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