Sykes v. Boone County Adult Detention Facility et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Order denying motion for leave to proceed IFP. Plaintiff's claims are dismissed, without prejudice. Signed by District Judge Nanette K. Laughrey on 11/12/09. (Bax, Laura)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION MARTIN JEFFREY SYKES, Register No. 57088, ) ) Plaintiff, ) ) v. ) ) BOONE COUNTY ADULT DETENTION ) CENTER, et al., ) ) Defendants. ) ORDER No. 09-4168-CV-C-NKL On September 22, 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 9, 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 September 22, 2009, is adopted. [11] It is further ORDERED that plaintiff is denied leave to proceed in forma pauperis and his claims are dismissed, without prejudice, pursuant to 28 U.S.C. 1915(g). [2] / s/ NANETTE K. LAUGHREY United States District Judge Dated: November 12, 2009 Jefferson City, Missouri 2

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