Farris v. Frazier et al

Filing 61

ORDER ADOPTING 48 REPORT AND RECOMMENDATION denying 3 Motion for TRO filed by Tyrone L Farris. Matter re-referred to Magistrate Judge Purcell. Signed by Honorable Lee R. West on 5/13/13. (kw, )

IN THE UNITED STATES DISTRICT COURT FOR

FILED
MAY 1 3 2013

THE WESTERN DISTRICT OF OKLAHOMA
TYRONE LESLIE FARRIS,
Plaintiff,
vs.
C/O FRAZIER, J., et aI.,
Defendants.

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ROBERT D. DENNI!, CLERK
U.S. DIST. COURT, WESTERN DIST. OF OKLA.
BY ~
DEPUTY

No. CIV-12-1099-W

ORDER
On April 18, 2013, United States Magistrate Judge Gary M. Purcell issued a
Supplemental Report and Recommendation in this matter and recommended that the
Court deny the Motion for Temporary Restraining Order filed by plaintiff Tyrone Leslie
Farris, proceeding pro se. Farris was advised of his right to object, see Doc. 48 at 3, but
no objections have been filed within the allotted time.
Upon review of the record, the Court concurs with Magistrate Judge Purcell's
suggested disposition of Farris' request for this extraordinary relief. To the extent Farris
has sought to preserve certain legal documents and certain evidence as well as prevent
the transfer of witnesses to another correctional facility, he has not shown that the
destruction of documents 1 or the transfer of witnesses is imminent and/or irreparable.
Furthermore, to the extent Farris has sought to gather evidence, the discovery rules afford
Farris adequate means to obtain any evidence pertinent to his claims for relief.

1Parties are charged with a duty (a breach of which might arguably subject them to
sanctions) to preserve evidence if they know, or should know, that litigation is likely and that the
opposing party will be prejudiced by the destruction of such evidence.

Accordingly, the Court
(1) ADOPTS the Supplemental Report and Recommendation [Doc. 48] issued on
April 18, 2013;
(2) DENIES Farris' Motion for Temporary Restraining Order [Doc. 3] file-stamped
October 5, 2012; and
(3) RE-REFERS this matter to Magistrate Judge Purcell for further proceedings.
ENTERED

t~lis

,.5fiu day of May, 2013 .

E R. WEST
ITED STATES DISTRICT JUDGE

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