Charmaine Floyd v. Bobby Islex

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-CV-26031-ELFENBEIN CHARMAINE FLOYD, Plaintiff, v. BOBBY ISLEX, Defendant. ______________________/ REPORT AND RECOMMENDATION THIS CAUSE is before the Court on a sua sponte review of the record. On December 22, 2025, Pro Se Plaintiff Charmaine Floyd (“Plaintiff”) filed the instant action. See ECF No. [1].

Plaintiff, however, failed to pay the required filing fee or file a Motion to Proceed In Forma Pauperis. On December 23, 2025, the Court ordered Plaintiff to either pay the filing fee or file a sworn application to proceed in forma pauperis no later than January 5, 2026. See ECF No. [3].

The Court further warned Plaintiff that “[f]ailure to comply with this Order will result in dismissal of this action without further notice.” See id. Because Plaintiff has not paid the Court’s filing fee, filed a Motion to Proceed In Forma Pauperis, or requested an extension of time to do so, I recommend that the Complaint, ECF No. [1], be DISMISSED WITHOUT PREJUDICE.

Pursuant to Local Magistrate Rule 4(b), the parties have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with the assigned District Judge. Failure to timely file objections shall bar the parties from a de novo determination by the District Judge of an issue covered in the Report and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained CASE NO. 25-CV-26031-ELFENBEIN in this Report, except on grounds of plain error if necessary in the interest of justice. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149 (1985); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989); 11th Cir. R. 3-1.

RESPECTFULLY SUBMITTED in Chambers in Miami, Florida on January 6, 2026.

Z 2 MARTY FULGUEIRA ELFENBEIN UNITED STATES MAGISTRATE JUDGE ce: Charmaine Floyd 1243 N.W. 100 Terrence Miami, FL 33147 PROSE