Chmura v. Rutenberg et al

Filing 13

ORDER: This action is dismissed without prejudice. The Clerk is directed to close the case. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/24/2015. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LINDA LAN CHMURA,
Plaintiff,
v.

Case No.

8:15-cv-2023-T-33JSS

ARTHUR RUTENBERG, ET AL.,
Defendants.
___________________________/
ORDER
This cause comes before the Court sua sponte.

Pro se

Plaintiff Linda Lan Chmura filed her “Motion for Repossession
of

a

Real

Property

Injunction

with

Prejudgment

Writ

of

Attachment 1130 Tuscany Boulevard, Venice, Florida” on July 7,
2015, in the United States District Court for the Southern
District of New York. (Doc. # 2). Chmura names six Defendants
in her pleading and challenges the legality of a real estate
transaction, including the foreclosure of her home. On August
4, 2015, Chmura filed an application to proceed without paying
fees or costs. (Doc. # 7).
On August 26, 2015, the case was transferred to this
Court because: “all Defendants transact business in Sarasota
County, where the events giving rise to Plaintiff’s claims
occurred.” (Doc. # 8 at 2).

On September 2, 2015, this Court

denied Chmura’s application to proceed without paying fees or
costs

without

prejudice

because

the

application

was

not

accompanied by an Affidavit of Indigency. (Doc. # 12).

The

Court instructed: “Plaintiff shall either pay the filing fee
to continue this action or file a notarized Affidavit of
Indigency within fourteen (14) days of this Order.” (Id.).
At this juncture, Chmura has neither paid the filing fee,
nor

filed

an

Affidavit

of

Indigency

in

an

effort

to

demonstrate that she is entitled to proceed in forma pauperis.
The Court accordingly dismisses this action without prejudice.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

This action is dismissed without prejudice.

(2)

The Clerk is directed to close the case.
DONE and ORDERED in Chambers in Tampa, Florida, this 24th

day of September, 2015.

Copies: All Counsel and Parties of Record

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