Guim v. De La Cruz ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-CIV-20321-WILLIAMS/MCALILEY ARMANDO DE LA CRUZ, SR., Plaintiff, V. SEAN M. GUIM, Defendant. / ORDER THIS MATTER is before the Court on Magistrate Judge Chris M. McAliley’s Report and Recommendation (“Report”) (DE 5) on the Complaint (DE 1) filed by Plaintiff, which seeks to remove a residential tenant eviction action against Plaintiff by Defendant in County Court in and for Miami-Dade County, Florida. Documents attached to the Complaint indicate that Defendant is Plaintiff's landlord. No objections were filed to the Report, which recommends the Court dismiss Plaintiff's Complaint for lack of subject matter jurisdiction. (DE 5 at 3.) Upon a careful review of the Report, the Complaint, and the record, it is ORDERED AND ADJUDGED that: 1. Judge McAliley’s Report (DE 5) is AFFIRMED AND ADOPTED. 2. Plaintiffs Complaint (DE 1) is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. 3. All pending motions are DENIED AS MOOT. 4. The Clerk is ordered to CLOSE the case. DONE AND ORDERED in Chambers in Miami, Florida, this 21st day of March, 2022. A ae, UNITED STATES DISTRICT JUDGE Page 1 of 2 cc: Armando De La Cruz, Sr., pro se 2131 SW 19 Avenue Miami, FL 33145 Sean M. Guim, pro se 2141 SW 21 Terrace Miami, FL 33145