Greeson v. State of Florida

Filing 2

ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 3/10/2016. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MICHAEL SHAWN GREESON, Plaintiff, v. Case No: 6:16-cv-385-Orl-37TBS STATE OF FLORIDA, Defendant. / ORDER This cause is before the Court on initial review of the Motion to Replace Counsel In State Circuit Court (“Motion,” Doc. 1) filed by Plaintiff. Plaintiff is incarcerated at the John E. Polk Correctional Facility and proceeding pro se. He initiated this case by filing the Motion, but it is unclear as to the basis upon which Petitioner requests relief or the manner in which this Court has jurisdiction over this case. In addition, he failed to either pay the required $350 filing fee or submit a motion for leave to proceed in forma pauperis. As currently written, the Complaint, which is written as a letter, fails to contain much of the information required in a civil rights complaint or in a federal habeas petition. For example, the allegations are vague and conclusory, the historical information concerning Plaintiff's prior federal cases has not been provided, the Court’s jurisdiction is unclear, and the historical information concerning Petitioner's underlying state criminal proceedings has not been adequately provided If Plaintiff chooses to file a civil rights complaint or a federal habeas petition in this Court to address any alleged constitutional violations, he must submit a fully completed civil rights complaint or federal habeas petition form. If Plaintiff desires to proceed in forma pauperis in this Court, he must submit a fully completed affidavit of indigency. The Clerk's Office shall send to Plaintiff the forms for a civil rights complaint, a federal habeas petition, and a motion for leave to proceed in forma pauperis. Plaintiff should not place this case number on the form(s), as the Clerk of the Court will assign a separate case number. As a result, this case will be dismissed without prejudice to give Plaintiff the opportunity to properly file a civil rights complaint or a federal habeas petition and to either pay the appropriate filing fee or submit an affidavit of indigency to the Court. Accordingly, it is ORDERED and ADJUDGED that this case is DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment in favor of Defendants and to close this case. DONE and ORDERED in Orlando, Florida on March 10th, 2016. Copies furnished to: Unrepresented Party OrlP-2 3/10 2

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