Primous v. Tampa Housing Authority et al
Filing
6
ORDER: The Report and Recommendation (Doc. # 4 ) is ACCEPTED and ADOPTED. Plaintiff's motion for leave to proceed in forma pauperis (Doc. # 2 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Complaint is dismissed without prejudice. Plain tiff is authorized to file an amended complaint, accompanied by an amended motion for leave to proceed in forma pauperis, on or before June 4, 2018. Failure to file an amended complaint within this period will result in dismissal of this action with out further notice and case closure. The Clerk is directed to send this Order as well as the Magistrate Judge's Report and Recommendation to the Plaintiff via email. Signed by Judge Virginia M. Hernandez Covington on 5/2/2018. (KAK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TANISHA RENEE PRIMOUS,
Plaintiff,
v.
Case No. 8:18-cv-398-T-33TGW
TAMPA HOUSING AUTHORITY, ET AL.,
Defendants.
________________________________/
ORDER
This matter is before the Court on consideration of the
Report and Recommendation of Thomas G. Wilson, United States
Magistrate Judge, (Doc. # 4) filed on April 13, 2018.
Wilson
recommends
that
this
Court
dismiss
the
Judge
Complaint
without prejudice and with leave to file an amended complaint
within thirty days.
No objections have been filed, and the
time for the submission of objections has expired.
The Court
notes that the Report and Recommendation was returned to
sender and not delivered to Plaintiff. However, the Plaintiff
is required to inform the Court of any address changes. See
Weston v.
St. Petersburg Police Dept.,
No. 8:09-cv-495-
T-27TBM, 2010 U.S. Dist. LEXIS 91798 (M.D. Fla. Aug. 9, 2010)
("A party has a duty to keep the Court informed of his/her
address.");
Lewis v. Conners Steel Co., 673 F.2d 1240, 1243
(11th Cir. 1982) (stating that it is "fair and reasonable for
[a party] to assume the burden of advising
. . . of address
changes or to take other reasonable steps to ensure delivery
. . . to his current address."); Penaloza v. Target Corp., No.
8:11-cv-2656-T-33AEP, 2012 U.S. Dist. LEXIS 15007 (M.D. Fla.
Feb. 8, 2011) (“If plaintiff should change her address at any
time
during
the
course
of
this
litigation,
she
shall
immediately advise the court of that change by filing a
‘Notice of Change of Address,’ which shall set forth her new
mailing address and all other applicable information.”).
The
Court recognizes that Plaintiff alleges that she and her
family have become displaced due to Defendants’ actions. (Doc.
# 1).
In an effort to help Plaintiff receive notice of this
Order, the Court directs the Clerk to send this Order, as well
as the Report and Recommendation of the Magistrate Judge, to
Plaintiff via the email address she lists in the Complaint:
Tanishaprimous1990@gmail.com.
Report and Recommendation
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject
or
modify
the
magistrate
judge’s
report
and
recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright,
681 F.2d 732 (11th Cir. 1982).
In the absence of specific
objections, there is no requirement that a district judge
review factual findings de novo, Garvey v. Vaughn, 993 F.2d
-2-
776, 779 n.9 (11th Cir. 1993), and the court may accept,
reject or modify, in whole or in part, the findings and
recommendations.
28 U.S.C. § 636(b)(1)(C).
The district
judge reviews legal conclusions de novo, even in the absence
of an objection.
See Cooper-Houston v. S. Ry. Co., 37 F.3d
603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993).
After conducting a careful and complete review of the
findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual
findings and legal conclusions of the magistrate judge and the
recommendation of the magistrate judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)
The Report and Recommendation (Doc. # 4) is ACCEPTED and
ADOPTED.
(2)
Plaintiff’s motion for leave to proceed in forma pauperis
(Doc. # 2) is DENIED WITHOUT PREJUDICE.
(3)
Plaintiff’s Complaint is dismissed without prejudice.
Plaintiff is authorized to file an amended complaint,
accompanied by an amended motion for leave to proceed in
forma pauperis, on or before June 4, 2018.
Failure to
file an amended complaint within this period will result
-3-
in dismissal of this action without further notice and
case closure.
(4)
The Clerk is directed to send this Order as well as the
Magistrate Judge’s Report and Recommendation to the
Plaintiff via email.
DONE and ORDERED in Chambers in Tampa, Florida, this 2nd
day of May, 2018.
-4-
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