SMITH v. DUVALL

Filing 35

ORDER - 1. Plaintiff's 34 MOTION to Extend Time is Granted. - 2. The 32 REPORT AND RECOMMENDATION issued by the undersigned on 8/5/2009 is hereby Vacated And Withdrawn. - 3. Within forty-five (45) days from docketing date of this order, Pla shall file "Second Amended Complaint." Alternatively, pla shall file notice of voluntary dismissal within same time period. - - Amended Pleadings due by 10/5/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on August 21, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JEFF L. SMITH, Plaintiff, vs. SCOTT DUVALL, et al., Defendants. _______________________________/ ORDER This cause is before the court upon Plaintiff's Motion for Extension of Time (Doc. 34). Good cause having been shown, Petitioner's motion shall be granted. Accordingly, it is ORDERED: 1. 2. 3. Plaintiff's motion for an extension of time (Doc. 34) is GRANTED. The Report and Recommendation issued by the undersigned on August 5, 2009 (Doc. Within FORTY-FIVE (45) DAYS from the date of docketing of this order, Plaintiff Case No. 5:08cv293/RH/EMT

32) is hereby VACATED AND WITHDRAWN. shall file an amended civil rights complaint, which shall be typed or clearly written, submitted on the court form, and marked "Second Amended Complaint." In the alternative, Plaintiff shall file a notice of voluntary dismissal within the same time period. 4. Failure to comply with this order may result in dismissal of this action. DONE AND ORDERED this 21stday of August 2009.

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