In Re: Anderson Morgan IV
Filing
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ORDER: This case is DISMISSED without prejudice to Petitioner filing a petition for the writ of habeas corpus. The Clerk of Court shall forward the court-approved form used to initiate a § 2254 case and one Affidavit of Indigency form with Petitioner's copy of this Order. The Clerk of Court shall close this case. Signed by Judge James S. Moody, Jr on 4/3/2013. (LN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IN RE: ANDERSON MORGAN, IV,
Case No. 8:13-mc-29-T-30TGW
Petitioner.
______________________________/
ORDER
Anderson Morgan, IV, a prisoner incarcerated by the Florida Department of
Corrections, initiated this cause, pro se, by filing a letter (Dkt. 1) in which it appears that he
requests the Court order his release from incarceration.
Morgan failed to file any underlying pleading, complaint, or petition. Rule 3, Fed. R.
Civ. P., provides that "[a] civil action is commenced by filing a complaint with the court."
Local Rule 1.03(c) (M.D. Fla.) provides, in pertinent part, that "[n]o application for any order
of court shall be made until the case or controversy in which the matter arises has been
docketed and assigned by the Clerk as prescribed by subsection (b) of this rule. . . ."
ACCORDINGLY, the Court ORDERS that:
1.
This case is DISMISSED without prejudice to Petitioner filing a petition for
the writ of habeas corpus.
2.
The Clerk of Court shall forward the court-approved form used to initiate a
ยง 2254 case and one Affidavit of Indigency form with Petitioner's copy of this Order.
3.
The Clerk of Court shall close this case.
DONE and ORDERED in Tampa, Florida on April 3, 2013.
SA: sfc
Copy to:
Anderson Morgan, IV
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