Floyd v. 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
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CASE NO. 25-CV-26031-ELFENBEIN
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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
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