Christian v. Warwick Realty LLC et al

Filing 7

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 3 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 5/29/14. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
DAVID CHRISTIAN,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 14-152 S
)
WARWICK REALTY, LLC,
)
NORMAN ZOLKOS, JACQUELYN ZOLKOS,
)
SARA CARPENTER, REBECCA CARPENTER, )
BRENDA L. RICCI, ERNIE RICCI,
)
BIDPRO LLC, and TRISTAR
)
PROPERTIES LLC,
)
)
Defendants.
)
___________________________________)
ORDER
WILLIAM E. SMITH, Chief Judge.
On April 11, 2014, United States Magistrate Judge Patricia
A. Sullivan issued a Report and Recommendation (the “R&R”) in
the above-captioned matter (ECF No. 3).
recommended
Proceed

that

Without

this

Court

Prepayment

deny
of

Therein, Judge Sullivan

Plaintiff’s

Fees

(ECF

No.

Application
2),

but

to

that

Plaintiff be permitted to refile his Application with additional
information as set forth in greater detail in the R&R.

Judge

Sullivan also recommended that Plaintiff be given 30 days to
cure certain jurisdictional defects that she identified in the
R&R by filing an Amended Complaint.

No objections were filed.

Because this Court agrees with Judge Sullivan’s analysis
and recommendations, it hereby accepts the R&R pursuant to 28

U.S.C. § 636(b)(1).

Plaintiff’s Application to Proceed Without

Prepayment of Fees is DENIED, though Plaintiff is granted 30
days’

leave

from

the

date

hereof

to

refile

his

Application

setting forth the additional specificity called for in the R&R.
Furthermore, Plaintiff is granted the same 30 days’ leave to
file

an

Amended

Complaint

identified in the R&R.

curing

the

jurisdictional

defects

Failure by the Plaintiff to file an

Amended Complaint within such 30 days shall result in his suit
being dismissed without prejudice. 1

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: May 29, 2014

1

The Court acknowledges that a Joint Motion to Dismiss is
currently pending (ECF No. 6).
This Motion will be held in
abeyance pending Plaintiff’s leave to file an Amended Complaint.