Burse et al v. Jenkins et al

Filing 23

ORDER withdrawing 20 Report and Recommendations. Defendants may have until 3/25/2016 to respond to the Motion for Preliminary Injunction, ECF No. 15 . Signed by Magistrate Judge Norah McCann King on 3/4/2016. (pes)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
PERRIN BURSE, et al.,
Plaintiffs,
Civil Action 2:15-cv-2992
Judge Watson
Magistrate Judge King

vs.
CHARLOTTE JENKINS, et al.,
Defendants.
ORDER

Plaintiff, a state prisoner, brings this civil action under 42
U.S.C. § 1983 asserting claims arising out of alleged interference
with legal proceedings pursued by him.1 See Order and Report and
Recommendation, ECF No. 14; Order, ECF No. 19. On January 16, 2016,
plaintiff moved for interim injunctive relief, asking that “all
Chillicothe Correctional Institutional staff members” be enjoined from
“further retaliation, harassment, or interfering with” plaintiff’s
civil rights. Motion for Preliminary Injunction, ECF No. 15. On
February 20, 2016, the undersigned recommended that the Motion for
Preliminary Injunction be denied because the motion was not supported
by affidavit, declaration or evidence, and because the Complaint, ECF
No. 4, was not executed under penalty of perjury. Report and
Recommendation, ECF No. 20. Plaintiff objected to that recommendation,
insisting that the Complaint had in fact been verified and was
supported by exhibits. Objection, ECF No. 22.

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This case is related to a similar case pursued by plaintiff, now with the
assistance of counsel, in this Court: Burse v. Robinson, 2:14-cv-403.

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On further review of the docket in this action, the Court notes
that plaintiff initiated this action by the filing of the Motion for
Leave to Proceed in Forma Pauperis, ECF No. 1. The second page of that
filing is entitled “Affidavit of Verity,” in which plaintiff states,
under penalty of perjury, that the “foregoing civil complaint,
contains statements and facts, of recollection to the best of my
knowledge.” Id. at PAGEID# 2. Plaintiff also submitted exhibits in
support of the tendered Complaint. When the Complaint, ECF No. 4, was
thereafter filed, however, none of these documents were attached to or
associated with the Complaint.
Because it appears that the basis for the recommendation was
flawed, the Report and Recommendation, ECF No. 20, is hereby
WITHDRAWN.
Defendants may have until March 25, 2016 to respond to the Motion
for Preliminary Injunction, ECF No. 15.
The Clerk is DIRECTED to attach to the Complaint, ECF No. 4, the
“Affidavit of Verity,” PAGEID# 2, and the exhibits that appear at ECF
No. 1-2, PAGEID# 27-87.

s/Norah McCann King
Norah McCann King
United States Magistrate Judge
March 4, 2016
(Date)

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