No. 08-4246-CV-C-NKL.United States District Court, W.D. Missouri, Central Division.
January 16, 2009
ORDER
NANETTE LAUGHREY, District Judge
On October 28, 2008, 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 November 6, 2008. 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 28, 2008, is adopted. [7] 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).