Southern Gardens Citrus Processing Corporation v. Barnes Richardson & Colburn et al

Filing 40

ORDER denying without prejudice 33 The Plaintiffs Motion to Compel Production of Documents and Sanctions. All future motions to compel filed in this case shall comply with Local Rules 3.01(g) and 3.04(a). The parties are encouraged to confer in an effort to resolve the outstanding disputes. If the discovery disputes remain unresolved, then the counsel may file a renewed motion after correcting the noted deficiencies. Signed by Magistrate Judge Sheri Polster Chappell on 3/6/2012. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

SHERMYKAEL JENKINS, SR. ,
Plaintiff,
V.

Case No: 2:09-CV-513-FtM-UA-SPC

ERIN CAMPBELL, DALLAS
SMART, K-9 CHASE, FORT MYERS
POLICE DEPARTMENT and
SHAUN NENADAL
Defendants.
___________________________________/
ORDER

This matter comes before the Court on the Plaintiff, Shermykael Jenkins, Sr.'s Motion to
Receive Last Transaction of the Case (Doc. #57) filed on December 6, 2011. The Motion was
referred to this Court on March 6, 2012.
The Plaintiff moves the Court to receive the last transaction in this case due to his being
incarcerated in North Carolina but now he has returned to the Lee County, Florida Jail. On
February 9, 2012, this Court granted the same Motion filed by the Plaintiff. (Doc. # 55). In that
Order the Court stated:
To the extent the Plaintiff is asking for the status of this case, the Court
will Grant the Motion. On July 12, 2011, the Honorable Charlene Edwards
Honeywell granted the Defendants’ Motion to Dismiss the Amended
Complaint with prejudice as to the Fifth Amendment violation, and
without prejudice as to the Fourteenth Amendment violation. Judge
Honeywell directed the Plaintiff to file his Second Amended Complaint in
accordance with her directives within twenty-one (21) days from the date
of the Order (Doc. #51). Judge Honeywell further indicated in her Order
that failure of the Plaintiff to file a Second Amended Complaint within the

time specified would result in dismissal of the action without further
notice. No Second Amended Complaint was filed. On August 9, 2011, the
District Court entered an Order (Doc. #52) dismissing the without
prejudice, terminated all motions and deadlines, entered judgment
accordingly, and closed the case.
(Doc. # 55,pp.1-2). The Court then sent the Plaintiff a copy of the Court’s last order to his last
known address at the Lee County Jail on Ortiz Avenue in Fort Myers, Florida. According to the
Court’s docket sheet and the Plaintiff’s return address on his envelope, he is still incarcerated in
the Lee County Jail. As such, the relief requested in the instant Motion has already been granted
and therefore, the Motion is moot.
Accordingly, it is now
ORDERED:
The Plaintiff, Shermykael Jenkins, Sr.'s Motion to Receive Last Transaction of the Case
(Doc. #57) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 6th Day of March, 2012.

Copies: All Parties of Record