Larson v. Minnesota Sex Offender Program, the et al

Filing 58

ORDER denying 43 Motion as moot. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 1/20/2023. (MEH)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Hollis J. Larson,

Case No. 13-cv-1074 (JRT/DJF)
Plaintiff,
ORDER

v.
The Minnesota Sex Offender Program, et al.,
Defendants.

Plaintiff Hollis J. Larson is civilly committed under the Minnesota Sex Offender Program
(“MSOP”). He filed his Complaint on May 6, 2013 (ECF No. 1) alleging various forms of
maltreatment at the MSOP. The Court stayed this action for almost a decade pending the
disposition of Karsjens v. Minnesota Department of Human Services, Case No. 11-CV-3659
(DWF/TNL), and lifted the stay on October 3, 2022. (ECF No. 24.) Mr. Larson filed a motion for
leave to proceed in forma pauperis on May 6, 2013 (ECF No. 2) and filed a motion for appointment
of counsel on July 13, 2022 (ECF No. 20). On December 1, 2022, the undersigned Magistrate
Judge found that Mr. Larson presented a colorable basis for relief and granted his application to
proceed in forma pauperis (ECF No. 2), but denied his Motion to Appoint Counsel (ECF No. 20).
(ECF No. 32.)
Mr. Larson sought to appeal the denial of appointment of counsel directly to the Eighth
Circuit and requested that the Court grant him permission to proceed in forma pauperis on appeal.
(ECF Nos. 40, 42.) Plaintiff also filed a self-styled Notice of Motion and Motion for Leave to Use
Original Record on appeal (ECF No. 43). On January 19, 2023, the District Judge entered an
Order denying Plaintiff’s application for leave to proceed in forma pauperis on appeal on grounds

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that it was legally frivolous, since the proper means to review a Magistrate Judge’s order, including
the Order denying his motion for appointment of counsel, was by appeal to the District Judge.
(ECF No. 49 at 4.) Based on the District Judge’s Order, the Court finds Mr. Larson’s Notice of
Motion and Motion for Leave to Use Original Record (ECF No. 43) is moot.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT Plaintiff’s Notice of Motion and Motion for Leave to Use Original
Record (ECF No. 43) is DENIED as moot.
Dated: January 20, 2023

s/ Dulce J. Foster
DULCE J. FOSTER
United States Magistrate Judge

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