Sakrekov v. Grismer et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION, the Court deems RESOLVED Sakrekov's 6 Motion for Court to Take Judicial Notice; ADOPTS the 4 Report and Recommendation; DISMISSES the instant matter w/o prej; DIRECTS Clk of Court to file the compl in the case-at-bar, See Doc 1 in Sakrekov v. US, CIV-12-130-W and to designate that pldg as an amend compl filed by Sakrekov in resp to Magistrate Judge Purcell's Orders 4 7 . Signed by Honorable Lee R. West on 4/10/12. (ap)

IN THE UNITED STATES DISTRICT COURT FOR

THE WESTERN DISTRICT OF OKLAHOMA
JOHN THOMAS SAKREKOV,
Plaintiff,
vs.
MARGARET GRISMER et aI.,
Defendants.

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FIL1
APR

01Z
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ROBERT D. DENNIS, CLERK

U.S. DIST. COURT, WESTERN DlST. OF OKLA.
BY ~
DEPUTY

No. CIV-12-300-W

ORDER
On March 27, 2012, United States Magistrate Judge Gary M. Purcell issued a
Report and Recommendation in this matter and recommended that the Court dismiss this
action without prejudice and direct the Clerk of the Court to file the cornplaint in the instant
matter in Sakrekov v. United States, No. CIV-12-130-W ("Sakrekov I"), and designate it as
an amended complaint. Plaintiff John Thomas Sakrekov was advised of his right to object,
and the matter now comes before the Court on Sakrekov's Motion for Court to Take
Judicial Notice, wherein Sakrekov has advised that he has no objection to the Report and
Recommendation.
Upon de novo review of the case-at-bar and the proceedings in Sakrekov I, the
Court
(1) ADOPTS the Report and Recommendation [Doc. 4] filed on March 27,2012;
(2) deems RESOLVED Sakrekov's Motion for Court to Take Judicial Notice [Doc.
6] file-stamped April 9, 2012;1

1Despite Sakrekov's statement that Magistrate Judge Purcell's reference to No. CIV-12-130­
W is "merely a typo," Doc. 6 at 1, ,-r 4, and that "the case number now being used is actually CIV­
12-300-W," id., the Court ADVISES Sakrekov that in accordance with this Order his claims against
the individual defendants, who are employed at the Federal Correctional Institution in EI Reno,

(3) DISMISSES the instant matter without prejudice; and
(4) DIRECTS the Clerk of the Court to file the complaint that was filed in the case-at­
bar, see Doc. 1, in Sakrekov v. United States, No. CIV-12-130-W, and to designate that
pleading as an amended complaint filed by Sakrekov in response to Magistrate Judge
Purcell's Orders [Docs. 4, 7] dated February 3,2012, and February 27,2012, respectively.
ENTERED this

I gr;U;

day of April, 2012.

. WEST
D STATES DISTRICT JUDGE

Oklahoma, will be litigated in No. CIV-12-130-W.
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