Scribd Logo
Upload

Welcome to Scribd!

  • 543 views

    Stephenson v. Stephenson - Document No. 2

    Uploaded by

    Justia.com
    ORDER dismissing the case without prejudice. The Clerk of the Court shall follow the directives in the Order and close the case. Signed by Judge Harvey E. Schlesinger on 9/13/2005. (BCL) 3:2005cv00856 Florida Middle District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    Stephenson v. Stephenson - Document No. 2

    Uploaded by

    Justia.com
    543 views2 pages
    ORDER dismissing the case without prejudice. The Clerk of the Court shall follow the directives in the Order and close the case. Signed by Judge Harvey E. Schlesinger on 9/13/2005. (BCL) 3:2005cv00856 Florida Middle District Court

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    ORDER dismissing the case without prejudice. The Clerk of the Court shall follow the directives in the Order and close the case. Signed by Judge Harvey E. Schlesinger on 9/13/2005. (BCL) 3:2005cv00856 Florida Middle District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    543 views2 pages

    Stephenson v. Stephenson - Document No. 2

    Uploaded by

    Justia.com
    ORDER dismissing the case without prejudice. The Clerk of the Court shall follow the directives in the Order and close the case. Signed by Judge Harvey E. Schlesinger on 9/13/2005. (BCL) 3:2005cv00856 Florida Middle District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    Stephenson v. Stephenson Doc.

    Case 3:05-cv-00856-HES-MMH Document 2 Filed 09/13/2005 Page 1 of 2

    UNITED STATES DISTRICT COURT


    MIDDLE DISTRICT OF FLORIDA
    JACKSONVILLE DIVISION
    CLARENCE F. STEPHENSON,
    Plaintiff,
    v. Case No. 3:05-cv-856-J-20MMH
    CLARENCE F. STEPHENSON,
    Defendant.

    ORDER OF DISMISSAL WITHOUT PREJUDICE

    On September 9, 2005, Ms. Gwendolyn Myers filed a civil rights


    complaint form (Doc. #1) (hereinafter Complaint) for her son Mr.
    Clarence F. Stephenson, who is an inmate currently housed at Union
    Correctional Institution. Ms. Myers, in the Complaint, requests
    that her son be transferred to Palm Beach County since his life is
    in danger at Union Correctional Institution. Further, she sets
    forth allegations concerning his conditions of confinement at
    Florida State Prison and Union Correctional Institution in the
    months of July 2005 and August 2005. Ms. Myers lists her son as
    both the Plaintiff and the Defendant.
    Only Mr. Stephenson, not his mother, has standing to sue over
    the conditions of the institution where he is detained. See
    Gonzalez-Jiminez De Ruiz v. United States, 378 F.3d 1229, 1230
    (11th Cir. 2004) (per curiam); Chiles v. Thornburqh, 865 F.2d 1197,
    1214 (11th Cir. 1989) (citations omitted). Therefore, this case
    will be dismissed without prejudice to Mr. Stephenson's right to
    refile, and he may initiate a new civil rights case by completing
    and filing the enclosed civil rights complaint form.

    Dockets.Justia.com
    Case 3:05-cv-00856-HES-MMH Document 2 Filed 09/13/2005 Page 2 of 2

    However, as a precautionary measure since Ms. Myers claims


    that Mr. Stephenson's life is in danger, this Court will direct the
    Clerk of the Court to send a copy of this Order to the Warden of
    Union Correctional Institution for appropriate action, if any.
    Therefore, it is now
    ORDERED :

    1. The Clerk of the Court shall immediately send a copy of

    this Order to the Superintendent of Union Correctional Institution


    (via facsimile).
    2. This case is DISMISSED WITHOUT PREJUDICE.
    3. The Clerk of Court shall enter judgment dismissing this
    case without prejudice.
    4. The Clerk of Court shall send a "Civil Rights Complaint
    Form" and an "Affidavit of Indigency" form to Mr. Stephenson. If
    Mr. Stephenson elects to refile his claims in a separate action
    after fully exhausting each claim against each Defendant, he may
    complete and submit these forms. He should not place this case
    number on the forms. The Clerk will assign a separate case number
    if he elects to refile his claims.
    5. The Clerk of the Court shall close this case.
    DONE AND ORDERED at Jacksonville, Florida, this & day of
    September, 2005.

    Clarence F. Stephenson
    Warden, UCI (facsimile) /
    k

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy