Floyd v. Islex

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:25-cv-26031-LEIBOWITZ/ELFENBEIN
CHARMAINE FLOYD,
Plaintiff,
v.
BOBBY ISLEX,
Defendant.
________________________________/
ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION
THIS CAUSE is before the Court upon the Report and Recommendation by United States
Magistrate Judge Marty Fulgueira Elfenbein [ECF No. 4] (the “R&R”), filed on January 6, 2026. Judge
Elfenbein recommends dismissing Plaintiff’s Complaint without prejudice for failure to pay the filing
fee or submit an application to proceed in forma pauperis. No objections to the R&R were filed during
the 14-day objection period. Upon due consideration of the R&R, the filings, the applicable law, and
the record, the Court ADOPTS and AFFIRMS the R&R [ECF No. 4].
“In order to challenge the findings and recommendations of the magistrate judge, a party must
file written objections which shall specifically identify the portions of the proposed findings and
recommendation to which objection is made and the specific basis for objection.” Macort v. Prem, Inc.,
208 F. App’x 781, 783 (11th Cir. 2006) (cleaned up). The objections must also present “supporting
legal authority.” S.D. Fla. L. Mag. J.R. 4(b). Once a district court receives “objections meeting the
specificity requirement set out above,” it must “make a de novo determination of those portions of the
report to which objection is made and may accept, reject, or modify in whole or in part, the findings
or recommendations made by the magistrate judge.” Macort, 208 F. App’x at 783–84 (cleaned up). To
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the extent a party fails to object to parts of the magistrate judge’s report, those portions are reviewed
for clear error. Id. at 784 (cleaned up).
The parties have not submitted any objections to Judge Elfenbein’s R&R, and the time to do
so has passed. As such, the Court has reviewed the R&R for clear error only. Upon this review, the
Court finds not only no clear error but also notes that Judge Elfenbein’s R&R is thorough, cogent,
and compelling. The Court adopts the R&R in its entirety.
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1. 	The Magistrate Judge’s Report and Recommendation [ECF No. 4] is ADOPTED
and made a part of this Order for all purposes.
2. 	Plaintiff’s Complaint [ECF No. 1] is DISMISSED without prejudice.
3. 	The
Clerk is directed to mail a copy of this Order to Plaintiff.
4. 	The
Clerk is further directed to CLOSE this case. Any pending motions are DENIED
as moot, and all deadlines are TERMINATED.
DONE AND ORDERED in the Southern District of Florida on January 21, 2026.
cc: 	counsel of record
Charmaine Floyd
1243 N.W. 100 Terrence
Miami, FL 33147
PRO SE
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