CHARMAINE FLOYD
v.
BOBBY ISLEX
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A pro se plaintiff filed a civil action but failed to pay the required filing fee or submit an in forma pauperis application despite a court order to do so by January 5, 2026. The magistrate judge recommended dismissal without prejudice for non-compliance with the filing fee requirement.
The magistrate judge recommended that the complaint be dismissed without prejudice because the plaintiff failed to pay the filing fee, file a Motion to Proceed In Forma Pauperis, or request an extension of time to comply with the Court's order.
[1] A complaint may be dismissed without prejudice for failure to pay the required filing fee or file a motion to proceed in forma pauperis.
[2] A court may order a plaintiff to pay the filing fee or file a motion to proceed in forma pauperis by a specified deadline.
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Join FLexlaw to unlock all legal intelligence“Failure to comply with this Order will result in dismissal of this action without further notice.”
The warning given to plaintiff about the consequences of not paying the filing fee or filing in forma pauperis
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Join FLexlaw to unlock all legal intelligencePlaintiff Charmaine Floyd filed a civil action pro se on December 22, 2025, without paying the required filing fee or filing a Motion to Proceed In Fo…
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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
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.
MARTY FULGUEIRA ELFENBEIN UNITED STATES MAGISTRATE JUDGE
cc: Charmaine Floyd 1243 N.W. 100 Terrence Miami, FL 33147 PRO SE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989)