Fuller v. Olathe Police Department et al

Filing 24

MEMORANDUM AND ORDER denying 12 Motion for a Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Carlos Murguia on 03/09/2018. Mailed to pro se party Harold Glen Fuller by regular mail. (tvn)

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 pro se 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).
Plaintiff failed to respond, and this court adopted the Report and Recommendation in full on
November 8, 2017 and dismissed the case. After the court dismissed the case, plaintiff filed Plaintiff’s
Emergency Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 12).
Plaintiff’s motion does not state a valid basis for relief. To the contrary, it is largely incoherent
and incomprehensible. The court cannot discern from the motion or its memorandum in support the
relief that plaintiff seeks or the legal basis on which plaintiff requests relief. Like the complaint the
court already dismissed, the motion is frivolous and is therefore denied.
IT IS THEREFORE ORDERED that Plaintiff’s Emergency Motion for a Temporary
Restraining Order and Preliminary Injunction (Doc. 12) is denied.
Dated this 9th day of March, 2018, at Kansas City, Kansas.

s/ Carlos Murguia__________________
CARLOS MURGUIA
United States District Judge

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