Sheik Salaam El v. Arra Finance LLC, ICU Recovery, Auto Lounge of Florida LLC and Crescent Auto Finance

Summary

The United States District Court for the Middle District of Florida adopts a magistrate judge’s Report and Recommendation recommending denial of the plaintiff’s application to proceed without prepaying fees or costs. The court dismisses the complaint without prejudice because the fee application was incomplete and the complaint was an impermissible shotgun pleading, then directs the clerk to close the case.

Holdings

1. When a party fails to timely object to a magistrate judge's factual and legal conclusions, the district court need not conduct de novo review and reviews those portions only for plain error, if review is necessary in the interests of justice.
2. The court adopted the magistrate judge's recommendation, denied the plaintiff's incomplete application to proceed without prepaying fees or costs, and dismissed the complaint without prejudice because it was a shotgun pleading.

Questions Presented

1. What standard of review applies when a party does not timely object to a magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's recommendation to deny the incomplete application to proceed without prepaying fees or costs and dismiss the shotgun complaint without prejudice should be adopted.

Disposition

dismissed