THOMPSON v FLORIDA DEPARTMENT OF CORRECTIONS

Filing 9

ORDER re 1 Complaint filed by ALVIN C THOMPSON, 5 Order transferring to this court. - - 1. Clerk to send pla a § 1983 complaint form and an IFP application. This case number should be written on the forms. - 2. Pla shall f ile Amended Complaint within twenty-eight (28) days on court form. - 3. Within same time period, pla shall either pay $350 filing fee, or file complete application to proceed IFP. - - - (Amended Pleadings due by 4/20/2010. - Filing Fee due by 4/20/2010 ; Alternatively IFP Motion due by 4/20/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on March 23, 2010.- - (forms to pla) (cbj)

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THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ALVIN C. THOMPSON, Plaintiff, vs. FLORIDA DEPARTMENT OF CORRECTIONS, Defendants. CASE NO.: 3:10cv74/MCR/MD

ORDER This cause is before the court upon plaintiff filing a civil rights complaint under 42 U.S.C. § 1983 in the Southern District of Florida. (Doc. 1). Thereafter, the action was transferred to this court. (Doc. 5). Plaintiff failed to file his complaint on the court form. Local Rule 5.1(J) for the Northern District of Florida states that the court will not accept for consideration a pro se complaint filed under section 1983 unless the appropriate complaint form is completed. Plaintiff will therefore be required to file an amended complaint. To amend his complaint, plaintiff should completely fill out a civil rights complaint form, marking it "Amended Complaint." Plaintiff is advised that the amended complaint must contain all of his allegations, and it should not in any way refer to the original complaint. Once an amended complaint is filed, all earlier complaints are disregarded. Local Rule 15.1, Northern District of Florida. Additionally, plaintiff neither paid the $350.00 filing fee nor applied for leave to proceed in forma pauperis. Plaintiff's case cannot proceed until he either pays the filing fee or files a complete application to proceed in forma pauperis. A complete application includes a motion with supporting affidavit, a prisoner consent form and a financial certificate with attachments (a printout of the transactions in plaintiff's inmate trust account

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for the six-month period immediately preceding the filing of his complaint). Accordingly, it is ORDERED: 1. The clerk is directed to send plaintiff a § 1983 complaint form and a form application to proceed in forma pauperis. This case number should be written on the forms. 2. Within twenty-eight (28) days of the date of this order, plaintiff shall file an amended complaint which shall be typed or clearly written, and submitted on the court form. 3. Within the same time period, plaintiff shall either submit payment in the amount of $350.00, or file a complete application to proceed in forma pauperis. 4. Plaintiff's failure to comply with this order as instructed will result in a

recommendation that this case be dismissed for failure to comply with an order of the court. DONE AND ORDERED this 23rd day of March, 2010.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

Case No: 3:10cv74/MCR/MD