Flowers v. Tbs Factoring Services, LLC (MAG+)

Filing 32

ORDERED that: The motion to dismiss (Doc. 20 ) is denied with leave to renew. The report and recommendation (Doc. 31 ) of the United States Magistrate Judge is withdrawn. The clerk's office shall correct the address of the plaintiff in the docketing system. Signed by Honorable Judge Myron H. Thompson on 9/24/2024. (c/s) (LAB)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TINA LEE FLOWERS,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
TBS FACTORING SERVICES,
LLC,
Defendant.

CIVIL ACTION NO.
2:23cv652-MHT
(WO)

ORDER
During the court’s review of the record, the court
noticed that multiple orders mailed to the plaintiff
were returned by the post office as undeliverable.

It

appears that the address the plaintiff provided in her
initial complaint had a typo in the zip code, 36970.
See Complaint (Doc. 1) at 1.

In her amended complaint,

she provided the same address but with a revised zip
code, 36079, which the court confirmed is the correct
zip code for the town where she lives.
Complaint (Doc. 14) at 1.
which

was

not

See Amended

This update to the address,

highlighted,

was

overlooked

by

the

clerk’s

office,

so

the

clerk’s

office

continued

serve the plaintiff at the wrong address.

to

There is

some indication in the record that the plaintiff has
contacted the clerk’s office for status updates about
her case from time to time.

See, e.g., Motion for an

Extension of Time (Doc. 25).

However, the court is

unsure whether the plaintiff received orders including
one granting her motion for extension of time and the
recommendation of the United States Magistrate Judge
that the motion to dismiss be granted.

Thus, the court

is unsure whether the plaintiff has had an adequate
opportunity to participate in the litigation.
any

potential

prejudice

to

the

plaintiff,

To avoid
the

court

finds that it would make sense to start over on the
motion to dismiss.
Accordingly, it is ORDERED that:
(1) The motion to dismiss (Doc. 20) is denied with
leave to renew.

2

(2) The report and recommendation (Doc. 31) of the
United States Magistrate Judge is withdrawn.
(3) The clerk’s office shall correct the address of
the plaintiff in the docketing system.

See Amended

Complaint (Doc. 14) at 1.
DONE, this the 24th day of September, 2024.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

3