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 The report and recommendation (Doc. 31 ) of the United States Magistrate Judge is withdrawn.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United States Magistrate Judge is withdrawn.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
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