SPICER-BANKS v. ELLIS

Filing 18

ORDER - Plaintiff's 17 Motion to Dismiss is Denied as moot. - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on November 9, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION BRANDON L. SPICER-BANKS, Plaintiff, vs. D. ELLIS, et al., Defendants. ___________________________________/ ORDER This cause is before the court on Plaintiff's "Motion to Dismiss" (Doc. 17). Plaintiff states he wishes to strike a memorandum of law he previously sent to the court for filing, and he requests that the court return the document to him (id.). The court notes that on October 27, 2009, the court directed the clerk to return Plaintiff's memorandum of law, as well as other documents, to him without filing due to the deficiencies noted in the order (Doc. 12). Therefore, Plaintiff's request to strike the document and return it to him is moot. Accordingly, it is ORDERED: Plaintiff's "Motion to Dismiss" (Doc. 17) is DENIED as moot. DONE AND ORDERED this 9th day of November 2009. Case No. 3:09cv425/WS/EMT

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE