Riley v. Crawford

2:06-cv-04295 | W.D. Mo. | May 7, 2007


WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION HUGH L. RILEY, Register No. 1104541, ) ) Plaintiff, ) ) v. ) No. 06-4295-CV-C-SOW ) LARRY CRAWFORD, et al., ) ) Defendants. ) ORDER On April 5, 2007, the United States Magistrate Judge 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" date_filed="1997-11-19" court="8th Cir." case_name="Harold Henderson v. Larry Norris, Director, Arkansas Department of Correction David Guntharp, Assistant Director, Arkansas Department of Correction">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 April 5, 2007, is adopted. [13] It is further ORDERED that plaintiff's claims are dismissed for failure to comply with court orders, pursuant to the provisions of Fed. R. Civ. P. 41(b). It is further ORDERED that all pending motions are denied as moot. /s/Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge

Dated: May 7, 2007 Case 2:06-cv-04295-SOW Document 18 Filed 05/07/07 Page 1 of 1