YOUNG v. ALACHUA COUNTY JAIL

Filing 8

ORDER re 6 Letter - Clerk directed to resend Plaintiff a blank motion for IFP and Notice of Change of Address forms. (Fee or Motion for IFP due by 1/13/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 12/23/2011. (Sent Plaintiff forms per Order.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
WILLIE YOUNG,
Plaintiff,
v.

CASE NO. 1:11-cv-205-MP-GRJ

ALACHUA COUNTY JAIL,
Defendant.
____________________________/
ORDER
Before the Court is a letter from Plaintiff requesting the status of his case and
requesting the Clerk to resend him documents pertaining to this case. (Doc. 6.)
Plaintiff originally was in the custody of the Florida Department of Corrections (“FDOC”)
when he filed this case, but in his letter he states he was taken out of FDOC custody for
some unspecified reason and then recently returned to FDOC custody. Plaintiff
requests that the Court resend him any documents previously sent by the Clerk while
he was out of FDOC custody claiming that he did not receive any of those documents.
This Court entered an order on September 29, 2011 instructing Plaintiff either to
pay the $350.00 filing fee or move for leave to proceed as a pauper on or before
October 14, 2011. (Doc. 3.) A blank copy of the Court’s motion to proceed as a pauper
for prisoner litigants accompanied this order. The Court’s September 29, 2011 order
was returned undeliverable despite two attempts to send the order and the
accompanying blank motion to proceed as a pauper to Plaintiff. (Docs. 4 and 5.)
Because of Plaintiff’s apparent difficulties in receiving mail, the Clerk will be instructed
to resend the Plaintiff a copy of the Court’s September 29, 2011 order one final time.

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Plaintiff is warned he is ultimately responsible for keeping the Clerk apprised of
his address should it change again at any point. Plaintiff has failed to pay the $350.00
filing fee or file a motion for leave to proceed as a pauper. Pursuant to N.D. Fla. Loc.
R. 5.1(H), “[a] civil action shall not be filed by the clerk until the fee is paid . . . unless
the complaint or petition is accompanied by a motion for leave to proceed in forma
pauperis [IFP].” Accordingly, Plaintiff must either pay the filing fee or file a motion to
proceed in forma pauperis before this case will be allowed to proceed.
Accordingly, it is ORDERED:
(1)

The Clerk is directed to send Plaintiff a blank motion to proceed in forma
pauperis for use by a prisoner, a copy of Doc. 6, and a blank Notice of
Change of Address form.

(2)

Plaintiff shall either pay the $350.00 filing fee or move for leave to
proceed as a pauper on or before January 13, 2012.

(3)

Failure to comply with this order within the allotted time will result in a
recommendation that this case be dismissed.

DONE AND ORDERED this 23rd day of December 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:11-cv-205-MP-GRJ