Fuller v. Olathe Police Department et al

Filing 10

MEMORANDUM AND ORDER adopting Report and Recommendations re 8 Report and Recommendations; finding as moot 3 Motion for Hearing. Plaintiff's complaint is dismissed, and the case shall be closed. Signed by District Judge Carlos Murguia on 11/8/2017.Mailed to pro se party Harold Glen Fuller by regular mail. (cv)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

HAROLD GLEN FULLER,

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Plaintiff,
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v.
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OLATHE POLICE DEPARTMENT, et al., )
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Defendants.
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Case No. 17-2580-CM

MEMORANDUM AND ORDER
On October 20, 2017, Magistrate Judge Teresa J. James entered a Report and
Recommendation, recommending that plaintiff’s complaint be dismissed as frivolous and for failure to
state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). Judge
James notified plaintiff that he had fourteen days to object to the Report and Recommendation.
Plaintiff did not timely file objections. The court has reviewed the Report and Recommendation of
Judge James and fully agrees with the analysis. Because plaintiff failed to timely object, and further
because the court agrees with the recommendation of Judge James, the court finds that plaintiff’s
complaint must be dismissed as frivolous and for failure to state a claim.
IT IS THEREFORE ORDERED that the court adopts in full the Report and
Recommendation of Judge James (Doc. 8). Plaintiff’s complaint is dismissed, and the case shall be
closed. The motion for a hearing (Doc. 3) is denied as moot.
Dated this 8th day of November, 2017, at Kansas City, Kansas.

s/ Carlos Murguia__________________
CARLOS MURGUIA
United States District Judge

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