Despart v. Scott et al

Filing 19

OPINION AND ORDER re: 15 Amended Complaint is stricken. The Clerk of Court shall open a new civil rights case and place a copy of this Order and Plaintiff's Amended Complaint (Doc. 15 ) in the newly opened case. The Clerk shall docket and label the Amended Complaint as Plaintiff's "Complaint" in the new case. Signed by Judge Sheri Polster Chappell on 1/18/2018. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS G. DESPART,
Plaintiff,
v.

Case No: 2:17-cv-354-FtM-38MRM

RICK SCOTT, MIKE CAROL, JERRY
BOYAL, DONALD SAWYER, FNU
LAMB, B. L. MASONY, KERRY
FITZPATRICK and DEBRA
JACKSON,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Plaintiff’s Amended Complaint (Doc. 15)
filed on September 25, 2017.

The Court entered an Opinion and Order dismissing

Plaintiff’s Complaint without prejudice on September 21, 2017 (Doc. 12). Judgment was
entered and this case was closed the same day (Doc. 14). Plaintiff did not timely appeal
nor move for reconsideration of the Court’s Opinion and Order. Consequently, the Court
will direct the Clerk of Court to strike the Amended Complaint. Nonetheless, because the
Court dismissed Plaintiff’s Complaint without prejudice, the Court will direct the Clerk of
Court to open a new case, place a copy of the Amended Complaint in the new action and

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docket the Amended Complaint as the “Complaint” in the newly opened action. If Plaintiff
wishes to prosecute the Complaint in the new action, he is required to either pay the $400
filing fee or file an Affidavit of Indigence for Florida Civil Commitment (FCC) Residents as
ordered below.
Accordingly, it is now
ORDERED:
1. Plaintiff’s Amended Complaint (Doc. 15) is STRICKEN.
2. The Clerk of Court shall open a new civil rights case and place a copy of this
Order and Plaintiff’s Amended Complaint (Doc. 15) in the newly opened case.
The Clerk shall docket and label the Amended Complaint as Plaintiff’s
“Complaint” in the new case.
3. The Clerk shall forward an Affidavit of Indigence for Florida Civil Commitment
(“FCC”) Residents to Plaintiff bearing the new case number for Plaintiff’s use,
if applicable, for the new action.
4. If Plaintiff wishes to prosecute the Complaint in the new action, he shall either
pay the $400 filing fee or file the Affidavit of Indigence for Florida Civil
Commitment (“FCCC”) Residents with a copy of his resident account statement
on or before February 23, 2018.
DONE and ORDERED in Fort Myers, Florida this 18th day of January, 2018.

SA: FTMP-1
Copies: All Parties of Record

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