OLGA ROSA ACOSTA
v.
SOCIAL SECURITY ADMINISTRATION
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The court adopted and approved the Magistrate Judge's Report and Recommendation, dismissing the case.
[1] A court may adopt a magistrate judge's report and recommendation when no objections are filed within the allotted time.
[2] A case may be dismissed for failure to pay a filing fee.
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Join FLexlaw to unlock all legal intelligencePlaintiff failed to pay a filing fee, her IFP application was denied, and she failed to submit a Long Form IFP motion twice. The Magistrate Judge reco…
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THIS CAUSE is before the Court upon the December 16, 2025, Report and Recommendation of United States Magistrate Judge Marty Fulgueira Elfenbein (the “Report”) [DE 7]. Therein, Judge Elfenbein, upon sua sponte review of the record, recommends dismissal of the action based upon Plaintiff's failure to pay a filing fee, the denial of her IFP application, and her failure, twice, to timely submit a Long Form IFP motion as permitted by the court.
The Court notes that no objections to the Report [DE 7] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 7] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
The Court has also conducted a de novo review of the Report [DE 7] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 7] is hereby ADOPTED and APPROVED;
2. The Clerk is DIRECTED to CLOSE this case and DENY any pending motions as moot.
3. The Clerk is DIRECTED to MAIL a copy of this Order to the address below.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 6th day of January, 2026.
WILLIAM P. DIMITROULEAS United States District Judge
Copies to: Counsel of record Magistrate Judge Elfenbein Olga Rosa Acosta 9898 NW 126 Terrace Hialeah Gardens, FL 33018 PRO SE
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Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)