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HUGH L. RILEY, Reg. No. 1104541, Plaintiff, v. LARRY CRAWFORD, et al., Defendants.

ORDER

NANETTE LAUGHREY, District Judge

On August 24, 2007, 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 24, 2007, is adopted. [69] It is further

ORDERED that plaintiff's motion to amend is denied. [63] It is further

ORDERED that plaintiff's motion for preliminary injunctive relief is denied. [62] It is further

ORDERED that defendant White's motion to dismiss is granted and plaintiff's claims are dismissed for failure to state a claim on which relief may be granted. [58]

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RILEY v. CRAWFORD
(Oct 1, 2007)