Cook v. Unknown Correctional Officers

Filing 4

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion to dismiss [Doc. 3] is GRANTED. IT IS FURTHER ORDERED that the Court will not assess any filing fee. IT IS FURTHER ORDERED that the Clerk shall mail a copy of the case file to the Cape Girardeau Police Department, with a letter explaining that plaintiff meant for the complaint to be filed with the Department for a possible criminal investigation. An Order of Dismissal will be filed contemporaneously. Signed by District Judge Stephen N. Limbaugh, Jr on 11/7/2012. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ANTHONY COOK,
Plaintiff,
v.
UNKNOWN CORRECTIONAL
OFFICERS,
Defendants.

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No. 1:12CV178 LMB

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for voluntary dismissal.
Plaintiff filed a letter with the Court complaining of physical abuse by prison guards
at Southeast Correctional Center. The Court construed the letter as a civil action
under 42 U.S.C. § 1983. Plaintiff now informs the Court that he did not intend for
the filing to be opened as a civil action. Instead, plaintiff mailed the letter to the
Court with the intention that the Court forward it to the Cape Girardeau Police
Department for a possible investigation. As a result, the Court will dismiss this action
without assessing a filing fee. And the Court will direct the Clerk to mail a copy of
the case file to the Cape Girardeau Police Department for their review of the
complaint.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion to dismiss [Doc. 3] is
GRANTED.
IT IS FURTHER ORDERED that the Court will not assess any filing fee.
IT IS FURTHER ORDERED that the Clerk shall mail a copy of the case file
to the Cape Girardeau Police Department, with a letter explaining that plaintiff meant
for the complaint to be filed with the Department for a possible criminal
investigation.
An Order of Dismissal will be filed contemporaneously.
Dated this 7th day of November, 2012.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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