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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

NYDEED B.K. NASHAD'DAI,

Plaintiff,

vs. Case No. 4:03cv297-WS/WCS

LIEUTENANT J.A. PICKLES,

SERGEANT R.W. LONG,

SERGEANT PADGET,

SERGEANT PHILMAN,

SERGEANT BRYAN,

OFFICER D.H. BEVIS,

UNKNOWN MAJOR OF SECURITY,

UNKNOWN OFFICER #2

UNKNOWN OFFICER #3,

Defendants.

 /

O R D E R

Recently, two items of mail has been sent from the Court to Plaintiff, docs. 62

and 63, but have been returned as "undeliverable." Docs. 65, 66. This order is entered

to direct the re-mailing of these documents to Plaintiff. 

It is noted that the last docket entry for Plaintiff was on August 17, 2005, when

Plaintiff submitted a notice of change of address. Doc. 59. Nothing else has been

received from Plaintiff, and the documents which have been returned to the Court were

sent to Plaintiff at that address of record. Defendants also filed an Answer, doc. 64, to

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 1 This address is the "current verified address" as listed for Plaintiff who is listed as

being on active supervised release. See www.dc.state.fl.us.

Case No. 4:03cv297-WS/WCS

Plaintiff at the address of record. Presumably, that document was also returned to

Defendants.

This case is on the verge of trial. See docs. 62, 63. However, Plaintiff may no

longer desire to continue with this litigation now that it appears he has been released

from prison since nothing has been received from Plaintiff in over four months. Plaintiff

must respond to this order by the deadline provided or this case will be dismissed for

lack of prosecution. Assuming Plaintiff even receives this order, Plaintiff must also file a

notice with the Clerk of Court providing his current address. The Clerk will be directed

to provide this order to the address of record as listed for Plaintiff on the Florida

Department of Corrections' website. If this Order is returned to the Court, no further

attempts will be made to locate Plaintiff or continue with litigation that appears to have

been abandoned by Plaintiff. 

Accordingly, it is 

ORDERED:

1. The Clerk of Court shall mail this Order to Plaintiff at the following address:

Nydeed Nashaddai, c/o Inn on the Hill, 275 34th Street, South, St. Petersburg, FL

33711.1

2. Plaintiff shall have until January 17, 2006, in which to demonstrate his intent

to proceed with this case by filing a notice with the Clerk of Court which provides his

current address. Furthermore, should Plaintiff's address change at any point in the

future, Plaintiff must immediately file a notice of change of address with the Court.

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Case No. 4:03cv297-WS/WCS

3. As provided in the prior order, doc. 63, the parties have until January 13,

2006, to file motions detailing the scope and nature of any further discovery necessary,

and showing good cause for a need to conduct such discovery. 

4. The Clerk shall return this file to the undersigned by January 13, 2006.

DONE AND ORDERED on December 27, 2005.

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

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