Summary
adopting the Report and Recommendation despite mail being returned undeliverable because service at the plaintiff's last known address was sufficient
Summary of this case from Green v. EdwardoOpinion
CIVIL ACTION NO. 1:20-CV-00164
11-05-2020
SYLVIA CHOLICK, Plaintiff, v. EDGAR SALVADOR, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff Sylvia Cholick filed this lawsuit alleging a scam or fraud by her landlord, although the factual allegations, cause of action, and relief sought are unclear. (Complaint, Doc. 1)
On October 8, 2020, the United States Magistrate Judge issued a Report and Recommendation (Doc. 3) recommending that the matter should be dismissed sua sponte for lack of subject matter jurisdiction. (Doc. 3, 4) No party filed any objections to the Report and Recommendation.
The Clerk of Court mailed the Report and Recommendation to Cholick's last known address, which she noted in Complaint. (Dkt. No. 4; Complaint, Doc. 1) The Report and Recommendation was returned as undeliverable because the address was vacant. (Dkt. Nos. 5 and 6) Service is completed by sending court documents to the last known address of the party. See FED. R. CIV. PROC. 5(b)(2)(C) (authorizing service by mailing the document to the person's last known address).
The Court ADOPTS the Report and Recommendation. As a result, it is:
ORDERED that Plaintiff Sylvia Cholick's Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
The Clerk of Court is directed to close this matter.
SIGNED this 5th day of November, 2020.
/s/_________
Fernando Rodriguez, Jr.
United States District Judge