Tavares v. Enterprise Rent-A-Car Company of Rhode Island

Filing 5

ORDER adopting in part 3 Report and Recommendations. So Ordered by Judge William E. Smith on 9/12/13. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
ENTERPRISE RENT-A-CAR COMPANY OF
)
RHODE ISLAND,
)
)
Defendant.
)
___________________________________)
ROGERIO S. TAVARES,

C.A. No. 13-521 S

ORDER
On July 15, 2013, Plaintiff Rogerio Tavares filed a pro se
complaint against Enterprise Rent-A-Car Company of Rhode Island,
containing vague allegations of employment discrimination.
No. 1.)
proceed

(ECF

Also on July 15, Plaintiff filed a motion for leave to
in

Lincoln

forma

D.

pauperis.

Almond

issued

(ECF
a

No.

2.)

Report

Magistrate

and

Judge

Recommendation,

recommending that this Court deny Plaintiff’s motion and dismiss
Plaintiff’s complaint without prejudice sua sponte pursuant to
28 U.S.C. § 1915(e)(2)(B).
Subsequent

to

Judge

(ECF No. 3.)
Almond’s

Report

and

Recommendation,

Plaintiff filed an amended complaint (ECF No. 4) and paid the
filing fee.

Thus, the amended complaint is now the operative

pleading, and Judge Almond’s holding with respect to the initial
complaint

is

moot.

With

respect

to

Plaintiff’s

motion

to

proceed in forma pauperis, this Court agrees with the analysis
outlined in Judge Almond’s Report and Recommendation, to which
Plaintiff has failed to object.

Accordingly, Plaintiff’s motion

is DENIED.

IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: September 12, 2013

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