Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SAM J. PEARSON, IV,

Plaintiff,

vs. Case No. 3:10cv390/LAC/MD

CORRY FLEETION,

 Defendant.

_____________________________________________________________________

ORDER

On January 24, 2011, this court entered a recommendation that plaintiff’s case be

dismissed due to his failure to comply with an order of the court issued on October 20,

2010, and his failure to provide the court with a current address for over 90 days following

his release from custody. (Doc. 6). Two and a half weeks after this recommendation was

entered, plaintiff has now finally submitted a letter to the clerk indicating his new address.1

(Doc. 8). Plaintiff has also moved for an extension of time in which to comply with the

court’s order. (Doc. 9). In the interest of justice, the court’s recommendation that this case

be dismissed will be vacated, and plaintiff will be granted a thirty-day extension of time in

which to comply with the court’s October 20, 2010 order (Doc. 4). 

Accordingly, it is ORDERED:

1. The court’s recommendation entered on January 24, 2011 (Doc. 6) is hereby

VACATED.

2. Plaintiff’s motion for extension of time (Doc. 9) is GRANTED.

3. Plaintiff’s previously-filed motion to proceed in forma pauperis (Doc. 2) is 

DENIED without prejudice for the reasons outlined in the court’s October 20, 2010 order. 

1

Although plaintiff states he filed a notice of change of address on November 10, 2010, the notice he

filed was in Case No. 3:10cv348/MCR/EMT, not this case. (Doc. 9, Ex. A).
Page 2 of 2

4. The clerk is directed to send plaintiff a copy of the court’s October 20, 2010 order

(Doc. 4) that was returned as undeliverable. The clerk shall also send plaintiff a § 1983

complaint form for use by prisoners2

 and a form application for use by non-prisoners to

seek leave to proceed in forma pauperis.

3

 This case number shall be written on the forms.

5. Within thirty (30) days of the date of this order, plaintiff shall file an amended

complaint which shall be typed or clearly written, and submitted on the court form. Within

the same time period, plaintiff shall submit payment in the amount of $350.00, or file a

complete application to proceed in forma pauperis on the court form.

6. Plaintiff’s failure to comply with this order as instructed will result in a

recommendation that this case be dismissed for failure to comply with an order of the court.

7. Plaintiff is advised that a future failure to promptly apprise the court of a change

of address will result in a recommendation that this case be dismissed. 

DONE AND ORDERED this 15th day of February, 2011.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

2

 Plaintiff was incarcerated when he initiated this action; therefore, with respect to the appropriate

complaint form to be used, this action is to be treated as a prisoner case. See also Pearson v. Escambia

County Jail, Case No. 3:10cv380/MCR/EMT (Doc. 14) (advising Plaintiff that his status at the time he initiates

an action determines whether a case is construed as having been filed by a “prisoner” or “non-prisoner”).

3

 Because Plaintiff is not presently incarcerated, the appropriate form to request leave to proceed in

forma pauperis is the form for use by non-prisoners. 

Case No: 3:10cv390/LAC/MD