Gupta v. Weir et al

Filing 5

ORDER adopting 3 Report and Recommendation of the Magistrate Judge. Plaintiff Anesh Gupta's Motion to proceed in forma puaperis 2 is DENIED without prejudice. Plaintiff's Complaint is DISMISSED, without prejudice, to it being filed in the appropriate venue. The Clerk is directed to CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 9/17/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ANESH GUPTA,
Plaintiff,
v.

CASE NO. 6:12-CV-1112-Orl-36KRS

OFFICER K. WEIR, UNITED STATES
CITIZENSHIP AND IMMIGRATION SERVICES,
and CHICAGO FIELD OFFICE, CHICAGO,
Defendant.
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ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Karla R. Spaulding, filed on July 20, 2012 (Doc. 3). In the Report and Recommendation, the
Magistrate Judge recommends that this Court dismiss this case without prejudice to filing it in an
appropriate venue, deny pro se Plaintiff Anesh Gupta’s (“Plaintiff”) Motion to proceed in forma
pauperis (Doc. 2), and direct the Clerk of Court to close this file. See Doc. 3. On August 2, 2012,
Plaintiff filed an Objection to the Magistrate Judge’s Report and Recommendation (Doc. 4).
BACKGROUND
On July 18, 2012, Plaintiff filed a Complaint against Defendant K. Weir, the United States
Citizenship and Immigration Services, and Chicago Field Office, Chicago (collectively, “the
Defendants”) with this Court (Doc. 1). Plaintiff’s Complaint seeks damages for injuries suffered
as a result of the Defendants’ unlawful conduct, which violated his right to marital privacy. Id. On
July 18, 2012, Plaintiff filed a Motion to proceed in forma pauperis (Doc. 2). On July 20, 2012, the
Magistrate Judge issued a Report and Recommendation on Plaintiff’s Motion (Doc. 3).

STANDARD
When a party makes a timely and specific objection to a finding of fact in a Report and
Recommendation, the District Court should make a de novo review of the record with respect to the
factual issues. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980); Jeffrey S. v. State
Board of Education of State of Georgia, 896 F.2d 507 (11th Cir. 1990). Once a timely objection to
the Report and Recommendation is made, the District Judge may accept, reject, or modify in whole
or in part, the Report and Recommendation of the Magistrate Judge. The District Judge may also
receive further evidence or recommit the matter to the Magistrate Judge with further instructions.
Id.
ANALYSIS
It appears that Plaintiff objects to the Magistrate’s Report and Recommendation of
dismissal, only insofar as it may cause financial hardship for him to refile his Complaint in another
venue. See Doc. 4, ¶ 6. To this end, it does not appear that Plaintiff opposes dismissal from this
Court. See id. In fact, he requests transfer in his prayer for relief. Id. The Court will not transfer
Plaintiff’s cause of action, as it is his responsibility and decision to determine which venue he would
like to file in. To the extent that financial hardship is an issue for Plaintiff, he may file a Motion to
proceed in forma pauperis in the new venue, just as he did in this case. Therefore, after careful
consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an
independent examination of the court file, the Court is of the opinion that the Magistrate Judge’s
Report and Recommendation should be adopted, confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:

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1.

The Report and Recommendation of the Magistrate Judge (Doc. 3) is adopted,
confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Plaintiff Anesh Gupta’s Motion to proceed in forma pauperis (Doc. 2) is DENIED,
without prejudice.

3.

Plaintiff’s Complaint is DISMISSED, without prejudice, to it being filed in the
appropriate venue.

4.

The Clerk is further directed to close this case.

DONE AND ORDERED at Orlando, Florida on September 17, 2012.

COPIES TO:
COUNSEL OF RECORD

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