Parks v. Federal Deposit Insurance Company

Filing 4

ORDER adopting 3 Report and Recommendation of the Magistrate Judge. Plaintiff's Motion for Leave to Proceed in Forma Pauperis 2 is DENIED without prejudice. Plaintiff's Motion to Vacate Foreclosure Judgment 1 is DISMISSED without p rejudice. Plaintiff is granted leave to file an Amended Complaint, accompanied by either payment of the filing fee or a completed application for leave to proceed in forma pauperis, within FOURTEEN (14) DAYS from the date of this Order. To the exte nt that Plaintiff is making claims in her own name (and not on behalf of Merritt Properties Corporation), the Amended Complaint must establish that she has standing to bring such claims and must cure the deficiencies addressed in this Order and the R eport and Recommendation. To the extent that Plaintiff is making claims on behalf of Merritt Properties Corporation, she is granted leave to amend such claims only if Merritt Properties Corporation appears by counsel. Failer to file an Amended Complaint within the time provided may result in this case being closed. Signed by Judge Charlene Edwards Honeywell on 3/28/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
STACEY PARKS,
Plaintiff,
v.

Case No: 6:13-cv-342-Orl-36KRS

FEDERAL DEPOSIT INSURANCE
CORPORATION,
Defendant.
___________________________________
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate
Judge Karla R. Spaulding, filed on March 7, 2013 (Doc. 3). In the Report and Recommendation,
the Magistrate Judge recommends that pro se Plaintiff Stacey Parks’ (“Plaintiff”) Motion for
Leave to Proceed in Forma Pauperis (“Motion”) (Doc. 2) be denied and Plaintiff’s Motion to
Vacate Foreclosure Judgment1 (“Complaint”) (Doc. 1) be dismissed for lack of subject matter
jurisdiction due to a failure to demonstrate standing and failure to properly state a claim upon
which relief can be granted.

See Doc. 3.

Neither party has objected to the Report and

Recommendation and the time to do so has expired.
The Court is in agreement with the Magistrate Judge that Plaintiff’s Motion should be
denied and the Complaint should be dismissed because the Complaint fails to allege a sufficient
basis for the exercise of this Court’s subject matter jurisdiction, as Plaintiff fails to demonstrate
that she has standing to bring the action and fails to properly state a claim upon which relief can
be granted. See 28 U.S.C. § 1915(e)(2) (in proceedings in forma pauperis, the court shall
1

Because Plaintiff’s Motion to Vacate Foreclosure Judgment seeks to institute a federal lawsuit,
the Court interprets and refers to it as a Complaint.

dismiss the case if, among other things, the case is frivolous or fails to state a claim upon which
relief may be granted). However, based on the fact that Plaintiff is proceeding pro se, the Court
agrees that Plaintiff should be given an opportunity to file an Amended Complaint. 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:
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’s Motion for Leave to Proceed in Forma Pauperis (Doc. 2) is DENIED,
without prejudice.

3.

Plaintiff’s Motion to Vacate Foreclosure Judgment (Doc. 1) is DISMISSED
without prejudice. Plaintiff is granted leave to file an Amended Complaint,
accompanied by either payment of the filing fee or a completed application for
leave to proceed in forma pauperis, within FOURTEEN (14) DAYS from the
date of this Order.

4.

To the extent that Plaintiff is making claims in her own name (and not on behalf
of Merritt Properties Corporation), the Amended Complaint must establish that
she has standing to bring such claims and must cure the deficiencies addressed in
this Order and the Report and Recommendation. To the extent that Plaintiff is

2

making claims on behalf of Merritt Properties Corporation, she is granted leave to
amend such claims only if Merritt Properties Corporation appears by counsel.
5.

Failure to file an Amended Complaint within the time provided may result in this
case being closed.

DONE and ORDERED in Orlando, Florida on March 28, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge Karla R. Spaulding

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