COOPER v. CRIST et al

Filing 15

ORDER OF DISMISSAL - The plaintiff's motion to proceed in forma pauperis (doc. 9 is DENIED. The plaintiff's motion to amend doc. 10 is DENIED. The plaintiff's complaint and this action will be DISMISSED WITHOUT PREJUDICE.(Judgment to be entered on 12/12/2008 if no current address provided by plaintiff.). Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/12/08. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

ANTHONY L. COOPER, Plaintiff, v. CHARLIE CRIST, et al., Defendants. 4:07cv379-WS

ORDER OF DISMISSAL Before the court is the magistrate judge's report and recommendation (doc. 12) docketed October 7, 2008. The magistrate judge recommends that the plaintiff's motion to proceed in forma pauperis (doc. 9) and motion to amend (doc. 10) be denied pursuant to 28 U.S.C. § 1915(g). He also recommends that the plaintiff's first amended complaint be dismissed without prejudice to the plaintiff's filing an amended complaint upon payment of the full $350.00 filing fee. The plaintiff's copy of the report and recommendation was returned to the court as undeliverable. Doc. 13. The Department of Corrections' website reveals that the plaintiff was released from custody on September 24, 2008. Although it is his responsibility to do so, the plaintiff has not provided the court with a current address. Without a current address, the court has no way to

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communicate with the plaintiff. Although it appears that the plaintiff's release from custody may have mooted the plaintiff's claims for relief, the court will defer entering judgment of dismissal to allow an additional thirty days for the plaintiff to provide the court with a current address. If the plaintiff fails to provide a current address on or before December 12, 2008, the clerk is directed to enter judgment of dismissal, without prejudice, without further order of the court. Accordingly, it is ORDERED: 1. The plaintiff's motion to proceed in forma pauperis (doc. 9) is DENIED. 2. The plaintiff's motion to amend (doc. 10) is DENIED. 3. The plaintiff's complaint and this action will be DISMISSED WITHOUT PREJUDICE if the plaintiff fails to provide a current address on or before December 12, 2008. 4. If no current address is provided on or before December 12, 2008, the clerk shall enter judgment of dismissal, without prejudice, accordingly. DONE AND ORDERED this 12th day of November , 2008.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:07cv379-WS