Emrit v. Arcadia Housing Authority et al

Filing 8

ORDER adopting Report and Recommendations - re 4 Report and Recommendations; Denying 2 Motion for Leave to Proceed in forma pauperis. The Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 4/24/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

RONALD SATISH EMRIT,
Plaintiff,
v.

Case No: 5:16-cv-599-Oc-41PRL

ARCADIA HOUSING AUTHORITY and
U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion to Proceed In Forma Pauperis
(Doc. 2). United States Magistrate Judge Philip R. Lammens submitted a Report and
Recommendation (“R&R,” Doc. 4), in which he recommends that the motion be denied. He further
recommends that the Complaint be dismissed without prejudice pursuant to 28 U.S.C.
§ 1915(e)(2).
After a de novo review of the record, and noting that no objections were timely filed, 1 the
Court agrees with the analysis set forth in the R&R. Therefore, it is ORDERED and ADJUDGED
as follows:
1. The Report and Recommendation (Doc. 4) is ADOPTED and CONFIRMED and
made a part of this Order.

1

Although Plaintiff filed a Notice of Appeal (Doc. 5), apparently seeking relief from Judge
Lammens’ R&R, the Eleventh Circuit Court of Appeals dismissed Plaintiff’s appeal for lack of
jurisdiction, (Dismissal Order, Doc. 7). While the Court could perhaps construe Plaintiff’s appeal
as an objection to the R&R, it will not do so here as the appeal was filed more than two months
after the R&R was issued—long after the fourteen-day window for the filing of timely objections
had passed.

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2. Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED.
3. The Complaint (Doc. 1) is DISMISSED without prejudice.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on April 24, 2017.

Copies furnished to:
Unrepresented Party

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