GANDOLFF v. BY THE PLANET, INC.

Filing 70

ORDER reopening 33 MOTION for the Court to enter an order holding Defendant BY THE PLANET INC and it's President and Registered Agent Anthony McKnight in Civil Contempt re 32 Order filed by JOSEPH ALBERT GANDOLFF; signed by SENIOR JUDGE MAURICE M PAUL on 4/28/09. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION JOSEPH ALBERT GANDOLFF, Plaintiff, v. BY THE PLANET, INC., Defendant. ____________________________/ ORDER This matter is before the Court on Doc. 68, a letter to the Court from the plaintiff, Joseph Albert Gandolff. Currently, this case is on appeal before the Eleventh Circuit Court of Appeals. On December 12, 2008, the Court entered an order (Doc. 62) denying Plaintiff's motion to proceed in forma pauperis on appeal. In the order, the Court noted that Plaintiff's civil contempt motion (Doc. 33) was still pending and that the Court had entered no other final or interlocutory order that could be appealed. Therefore, Plaintiff's appeal could not succeed as a matter of law. Several months later, the still-pending motion came to the attention of the Clerk's office, and the motion was terminated on the assumption that it had been resolved, as evidenced by the appeal. In his letter, Plaintiff asks that the Court clarify whether the motion is still pending as stated in the order denying Plaintiff's motion to proceed in forma pauperis on appeal. Because the Court has made no ruling on that motion, the termination of that motion was in error. Accordingly, the Clerk is directed to reinstate the civil contempt motion (Doc. 33) and forward CASE NO. 1:06-cv-00108-MP-AK

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to the Eleventh Circuit Court of Appeals a copy of this order and an updated docket sheet. DONE AND ORDERED this 28th day of April, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:06-cv-00108-MP-AK