ROYSTER v. ESCAMBIA COUNTY SHERIFF'S OFFICE

Filing 4

ORDER re 1 Complaint filed by ROBERT EARL ROYSTER 1. Clerk shall send pla an IFP form with this case number written on it. - 2. Pla shall either pay $350.00 filing fee, or submit completed IFP motion within fourteen (14) day s from docketing date of this order. Alternatively, if pla filed the instant complaint with the intent to file an amended complaint in case no. 3:10cv29/MCR/MD, he shall file a notice with the court stating such within fourteen (14) days. - - Filing Fee due by 6/25/2010 ; Or, IFP Motion due by 6/25/2010 ; Alternatively, Miscellaneous (Notice to the Court) Deadline - by 6/25/2010 . - - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on June 11, 2010. - - (ifp form to pla) (cbj) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ROBERT EARL ROYSTER, Plaintiff, vs. ESCAMBIA COUNTY SHERIFF'S OFFICE, et al., Defendants. _____________________________/ ORDER This cause is before the court on Plaintiff's civil rights complaint filed pursuant to 42 U.S.C. § 1983 (Doc. 1). Upon review of the complaint, it is unclear whether Plaintiff intended to file the complaint as an original complaint in a new civil rights action, or as an amended complaint in Royster v. Morgan, Case No. 3:10cv29/MCR/MD. Therefore, Plaintiff will be required to clarify his intent. If Plaintiff intended the complaint as an amended complaint in Case No. 3:10cv29/MCR/MD, he shall file a notice with the court stating such. If Plaintiff intended to commence a new civil rights action, he must either pay the $350.00 filing fee or obtain leave to proceed in forma pauperis by filing a fully and properly completed motion and attachments. Accordingly, it is ORDERED: 1. The clerk shall send Plaintiff a form motion to proceed in forma pauperis and affidavit of financial status for use by non-prisoners in the Northern District. This case number shall be written on the form. 2. If Plaintiff filed the instant complaint with the intent to commence a new civil rights action, he shall pay the filing fee of $350.00, or submit a fully completed motion to proceed in forma pauperis with the requisite financial affidavit within FOURTEEN (14) DAYS from the date of docketing of this order. ALTERNATIVELY, if Plaintiff filed the instant complaint with the intent Case No. 3:10cv194/MCR/EMT

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to file an amended complaint in Case No. 3:10cv29/MCR/MD, he shall file a notice with the court stating such within FOURTEEN (14) DAYS from the date of docketing of this order. 3. Plaintiff's failure to comply with this order as instructed may result in a recommendation that this case be dismissed for failure to comply with an order of the court. DONE AND ORDERED this 11th day of June 2010.

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

Case No. 3:10cv194/MCR/EMT