SCHILLER v. MERCER

Filing 21

ORDER: 13 Order Adopting Report and Recommendation, 14 Clerk's Judgment are VACATED. Case is referred to magistrate judge for consideration of Plaintiff's 18 Motion for IFP. Signed by SENIOR JUDGE STEPHAN P MICKLE on 4/13/2012. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ANTHONY LEON SCHILLER,
Plaintiff,
v.

CASE NO.: 4:11-cv-405-SPM

N.E. MERCER, et al.,
Defendants.
____________________________/
ORDER
THIS CAUSE comes before the Court upon the Plaintiff’s Motion to
Proceed In Forma Pauperis (doc. 18). This case was previously dismissed for
Plaintiff’s failure to comply with a court order and failing to prosecute this case.
Initially, Plaintiff was directed to either pay the filing fee or submit an in forma
pauperis motion (doc. 4). Plaintiff failed to respond to that Order, therefore the
magistrate judge recommended that the case be dismissed (doc. 5). Plaintiff
filed an objection to the Report and Recommendation and indicated that he had
requested his 6 month account statements in order to file an in forma pauperis
motion, but the prison officials would not provide them (doc. 6). Accordingly, this
Court referred the case back to the magistrate judge for consideration of
Plaintiff’s issues regarding his account statements (doc. 8). Plaintiff was then
given the opportunity to either submit an in forma pauperis motion supported by

the inmate bank account statements, pay the filing fee, or demonstrate to the
Court that the prison officials refused to provide him with a printout of his inmate
bank account (doc. 9). Again, Plaintiff failed to comply, and the magistrate judge
recommended dismissal of this action (doc. 11). This Court adopted the Report
and Recommendation and dismissed this case for failure to comply with court
orders and to prosecute this case (doc. 13).
Subsequently, Plaintiff filed an in forma pauperis motion attaching his
inmate bank account statements (doc. 18). Because the Court has already
issued an Order adopting the Report and Recommendation and judgment has
been entered accordingly, that Order and judgment (docs. 13 and 14) will be
vacated and this case will be referred to the magistrate judge for consideration of
the in forma pauperis motion. Accordingly, it is hereby
ORDERED and ADJUDGED:
1.

The Order adopting the Second Report and Recommendation (doc.
13) and the judgment (doc. 14) are vacated.

2.

This case is referred to the magistrate judge for consideration of
Plaintiff’s in forma pauperis motion.

DONE AND ORDERED this 13th day of April, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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