STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

Filing 185

ORDER entered by USCA on March 24, 2011 as to "Appellant's (ROBERT P SMITH, JR) Emergency Motion for an Order Implementing...," construed by USCA as a Petition for Writ of Mandamus, re 152 Order, and assigned USCA Appeal #11-10476-H. Because Petitioner has obtained the relief he seeks in his petition, the petition is hereby Denied as Moot. (tl)

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILD[NG 56 Forsyth Street, NW. Atlanta, Georgia 30303
For rules and forms visit SW I ,UCOFO\

John Ley Clerk of Court

March 24, 2011 Robert P. Smith Jr. 2007 Lee Ave. Tallahassee, FL 32308 Appeal Number: 11-10476-H Case Style: In re: Robert Smith, Jr. District Court Docket No: 3:1 0-cv-0009 1 -RV-EMT The enclosed order has been entered. No further action will be taken in this matter. Sincerely, JOHN LEY, Clerk of Court Reply to: Walter Pollard, H Phone #: [phone] Enclosure(s) DIS-4 Multi-purpose dismissal letter

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRC RLED US. COURT OF APPEALS ELEVENTH CIRCUIT 20 ii
JOHN LEY CLERK Petitioner.

No. 11-10476-H

In re: ROBERT P. SMITH, JR.,

On Petition for Writ of Mandamus to the United States District Court for the Northern District of Florida

BEFORE: TJOFLAT, CARNES, and WILSON, Circuit Judges. BY THE COURT: Before the Court is "Appellant's Emergency Motion for an Order Implementing..
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which is construed as a petition for writ of mandamus.

On February 2, 2011, the district court directed the district court clerk to return, unfiled, Petitioner's notice of appeal and appellate filing fee. Petitioner seeks to have this Court direct Respondents to enter his notice of appeal on the docket and transmit the notice to this Court. On February 28, 2011, after this Court directed Respondents to respond to the petition, the district court entered the notice of appeal on its docket and transmitted the notice to this Court. Because Petitioner has obtained the relief he seeks in his petition, the petition is hereby [)ENIED as MOOT.