Charmaine Floyd v. Bobby Islex

Summary

The United States District Court for the Southern District of Florida adopted the magistrate judge’s report and recommendation and dismissed Charmaine Floyd’s complaint without prejudice for failure to pay the filing fee or submit an application to proceed in forma pauperis. The court found no clear error, closed the case, denied pending motions as moot, and terminated all deadlines.

Holdings

1. When no objections are filed, the district court reviews the report and recommendation for clear error rather than conducting de novo review.
2. The report and recommendation was adopted in its entirety, and the complaint was dismissed without prejudice because Plaintiff failed to pay the filing fee or submit an application to proceed in forma pauperis.

Questions Presented

1. What standard of review applies to a magistrate judge's report and recommendation when no objections are filed?
2. Whether the report and recommendation recommending dismissal without prejudice for failure to pay the filing fee or submit an application to proceed in forma pauperis should be adopted.

Disposition

dismissed