Murphy v. Miami-Dade County Government Authority

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 25-cv-21561 -BLOOM/Elfenbein

JAMES L. MURPHY,

Plaintiff,

v.

MIAMI-DADE COUNTY GOVERNMENT AUTHORITY, ELITE GROUP PROPERTIES LLC, and MIAMI FL HOME SOLUTIONS LLC,

Defendants. _________________________/

ORDER ON REPORT AND RECOMMENDATIONS ON MOTION TO PROCEED IN FORMA PAUPERIS

THIS CAUSE is before the Court upon Plaintiff’s Complaint, ECF No. [1], and Motion for Leave to Proceed in forma pauperis, ECF No. [3]. On July 15, 2025, the Motion was referred to United States Magistrate Judge Marty Fulgueira Elfenbein, ECF No. [11]. On July 15, 2025, Judge Elfenbein issued a report and recommendation (“R&R”), ECF No. [14], recommending that the Motion be granted. None of the Parties filed objections to the R&R. “If a party fails to object to any portion of the magistrate judge’s report, those portions are reviewed for clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006) (quoting Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). The portions of the report and recommendation to which an objection is made are reviewed de novo only if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3); Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Nevertheless, the Court is fully advised in the premises of the R&R. Upon review, the Court finds the R&R to be well reasoned and correct. Case No. 25-cv-21561-BLOOM/Elfenbein

The Court therefore agrees with the analysis in the R&R and concludes that the Motion to Proceed in forma pauperis, ECF No. [3], must be granted. However, because the Complaint fails to state a claim for which relief may be granted, the Complaint must be dismissed. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation, ECF No. [14], is ADOPTED. 2. Plaintiff's Motion, ECF No. [3], is GRANTED. 3. This case is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an Amended Complaint in accordance with the R&R, and this Court’s Order, no later than August 21, 2025. The failure to file an Amended Complaint or show cause by August 21, 2025, will result in dismissal of this case without prejudice and without further notice. DONE AND ORDERED in Chambers at Miami, Florida, on 31, 2025.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record James L. Murphy 5601 NW 11th Avenue Miami, FL 33127