Folsom v. Knutson et al

Filing 10

ORDER finding as moot 8 Report and Recommendation. Case is again referred to Magistrate Suzanne Mitchell. Signed by Honorable Timothy D. DeGiusti on 7/23/2013. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GLEN FOLSOM,
Plaintiff,
vs.
MARC KNUTSON, et al.,
Defendants.

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NO. CIV-13-632-D

ORDER
Before the Court is the Report and Recommendation [Doc. No. 8] of United States
Magistrate Judge Suzanne Mitchell. The Magistrate Judge recommends that the Court dismiss this
action without prejudice because Plaintiff failed to file a complaint to initiate the action in which he
asserts a civil rights violation. As the Magistrate Judge correctly noted, Plaintiff filed only a
submission entitled, “Order to Show Cause for [a] Preli[mi]inary Injunction and a Temporary
Restraining Order” [Doc. No. 1], and the Court lacks power to issue preliminary injunctive relief
“[a]bsent a properly-filed complaint.” Powell v. Rios, 241 F. App’x 500, 505 n. 4 (10th Cir. 2007)
(unpublished opinion). Accordingly, the Magistrate Judge recommended dismissal unless Plaintiff
filed a proper complaint within 20 days following an Order adopting the Report and
Recommendation. She also directed the Court Clerk to furnish Plaintiff with the forms necessary
to file the complaint.
On July 12, 2013, Plaintiff filed a complaint [Doc. No. 9]. Because Plaintiff has now
complied with the directions set forth in the Report and Recommendation, the recommendation is
now moot. This matter is again referred to United States Magistrate Judge Suzanne Mitchell for
initial proceedings pursuant to 28 U. S. C. 636(b)(1)(B) and (C).
IT IS SO ORDERED this 23rd day of July, 2013.