Gates v. Lee County Sheriff's Department et al

Filing 24

ORDER re 22 Response filed by William A. Gates, Jr. The Plaintiff has up to and including Friday, July 10, 2015, to file a copy of his Affidavit of Indigence and a copy of his prisoner trust account for the last six (6) months or pay the Cour t's filing fee. The Clerk of the Court is directed to send the Plaintiff, William A. Gates, Jr., # Y49234, Glades Work Camp, 2600 N. Main Street, Belle Glade, Florida 33430-5314 a copy of the Court's "Step by Step Guide to filing a Civ il Action in the United States Federal Court," a new Affidavit of Indigence, and Prisoner Consent Form. Failure to comply with this Order will result in the case being dismissed without further notice. Signed by Judge Sheri Polster Chappell on 6/8/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
WILLIAM A. GATES, JR. ,
Plaintiff,
v.

Case No: 2:13-cv-445-FtM-38CM

LEE
COUNTY
SHERIFF’S
DEPARTMENT, NBC 2 NEWS
BROADCASTING STATION WBBH,
FORT
MYERS
NEWS-PRESS,
ROBERT
SMITH,
BRIAN
GRABECKI, BRIAN WILBUR, GIAN
FRANSICO, PAUL HARVEY, ERICA
CUNNINGHAM,
PATRIACIA
ENTERLINE, DENES HUSTY and
CAPE
CORAL
POLICE
DEPARTMENT OFFICERS,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff’s Response to the Court’s
Order to Show Cause (Doc. #22) filed on November 20, 2013.

The Plaintiff has

established a pattern of not following through on the orders and directives issued by this
Court. On August 5, 2013, the Court directed the Plaintiff to file a sworn Affidavit of
Indigence and Second Amended Complaint on or before August 30. 2013, or have his
case dismissed. On August 8, 2013, the Plaintiff moved the Court for an extension of time

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to file his sworn Affidavit and requested that his original Affidavit of Indigence be returned
to him so he could have it notarized. The Magistrate Judge denied the Motion due to the
Court’s Order giving the Plaintiff up to and including August 30, 2013, to file his Amended
Complaint and directed the Clerk of the Court to issue a new application to proceed IFP.
On October 7, 2013, the Court issued an Order to Show Cause to the Plaintiff for
him to show cause why he had not filed an Amended Complaint nor a sworn Affidavit of
Indigence as directed. In response, the Plaintiff replied that he needed his old unsworn
Affidavit of Indigence returned to him before he could file a new sworn Affidavit of
Indigence. The Plaintiff’s latest response is insufficient. The Plaintiff does not need his
old affidavit to file a sworn—up to date—Affidavit of Indigence or to comply with the
Court’s Order directing him to file an amended complaint.2
Again the Court directs the Plaintiff to show cause in writing why his case should
not be dismissed for failure to comply with this Court’s orders. In the alternative, Plaintiff
may file an Amended Complaint as directed by the Court that complies with the Federal
and Local Rules of Civil Procedure as previously directed. The Amended Complaint must
be accompanied by a signed and sworn copy of his Affidavit of Indigence and a copy of
his prisoner trust account for the last six (6) months, his prisoner consent form, or pay the
required filing fee. Should the Plaintiff fail to comply with this Order, his case will be
dismissed without further notice.

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If the Plaintiff still wants his prior filings, the cost for photocopies is $.50 per page. In forma pauperis
status does not entitle you to free copies of pleadings, motions, orders or other papers in the case file. You
are requesting a number of pages, please forward the appropriate payment. Certification charge is $11.00
per document, if required. Furthermore, effective January 2, 2013, the District Clerk of Court's Offices for
the Middle District of Florida no longer accepts personal checks for any type of payment. Law firms may
continue to remit payments using their business checks. The FLMD Clerk's Office will only accept cash,
money orders, certified bank checks and cashier's checks beginning January 2, 2013. Checks or Money
Orders should be made payable to: Clerk, U.S. District Court.

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Accordingly, it is now
ORDERED:
(1) The Plaintiff has up to and including Friday, July 10, 2015, to file a copy of his
Affidavit of Indigence and a copy of his prisoner trust account for the last six (6) months
or pay the Court’s filing fee.
(2) The Clerk of the Court is directed to send the Plaintiff, William A. Gates, Jr., #
Y49234, Glades Work Camp, 2600 N. Main Street, Belle Glade, Florida 33430-5314 a
copy of the Court’s “Step by Step Guide to filing a Civil Action in the United States Federal
Court,” a new Affidavit of Indigence, and Prisoner Consent Form.
(3) Failure to comply with this Order will result in the case being dismissed without
further notice.
DONE and ORDERED in Fort Myers, Florida this 8th day of June, 2015.

Copies: All Parties of Record

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