SMITH v. DUVALL

Filing 11

ORDER - The 8 Order to Show Cause is hereby VACATED. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 30, 2008.(cc: Smith) (cbj)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JEFFREY LEE SMITH, Plaintiff, vs. SCOTT DUVALL, et al., Defendants. ___________________________________/ ORDER On October 28, 2008, the undersigned issued an order to show cause directing Plaintiff to show cause why this action should not be dismissed for his failure to comply with an order issued on September 22, 2008, directing him to file an amended complaint and pay the filing fee or submit a motion to proceed in forma pauperis (IFP) (Docs. 7, 8). Apparently Plaintiff had complied with the September order by filing an amended complaint and an IFP motion the day before, on October 27, 2008, but the undersigned was not notified of the filings. Therefore, the show cause order will be vacated. Accordingly it is ORDERED: The order to show caused issued by the undersigned on October 28, 2008 (Doc. 8) is hereby VACATED. DONE AND ORDERED this 30th day of October 2008. Case No. 5:08cv293/RH/EMT

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