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Emrit v. Arcadia Housing Authority
5:16-cv-00599
M.D. Fla.
Apr 24, 2017
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Docket
Case Information

*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION RONALD SATISH EMRIT,

Plaintiff, v. Case No: 5:16-cv-599-Oc-41PRL ARCADIA HOUSING AUTHORITY and

U.S. DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT,

Defendants. / ORDER

THIS CAUSE is before the Court on Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2). United States Magistrate Judge Philip R. Lammens submitted a Report and Recommendation (“R&R,” Doc. 4), in which he recommends that the motion be denied. He further recommends that the Complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2).

After a de novo review of the record, and noting that no objections were timely filed, [1] the Court agrees with the analysis set forth in the R&R. Therefore, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 4) is ADOPTED and CONFIRMED and

made a part of this Order. *2 2. Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 2) is DENIED . 3. The Complaint (Doc. 1) is DISMISSED without prejudice .

4. The Clerk is directed to close this case.

DONE and ORDERED in Orlando, Florida on April 24, 2017.

Copies furnished to:

Unrepresented Party Page 2 of 2

[1] Although Plaintiff filed a Notice of Appeal (Doc. 5), apparently seeking relief from Judge Lammens’ R&R, the Eleventh Circuit Court of Appeals dismissed Plaintiff’s appeal for lack of jurisdiction, (Dismissal Order, Doc. 7). While the Court could perhaps construe Plaintiff’s appeal as an objection to the R&R, it will not do so here as the appeal was filed more than two months after the R&R was issued—long after the fourteen-day window for the filing of timely objections had passed. Page 1 of 2

Case Details

Case Name: Emrit v. Arcadia Housing Authority
Court Name: District Court, M.D. Florida
Date Published: Apr 24, 2017
Docket Number: 5:16-cv-00599
Court Abbreviation: M.D. Fla.
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