Summary
The United States District Court for the Southern District of Florida adopts a magistrate judge’s Report and Recommendation and dismisses the plaintiff’s complaint without prejudice. The dismissal is based on the plaintiff’s failure to pay the filing fee or submit a sufficient motion to proceed in forma pauperis, and the case is closed.
Holdings
- When no specific objection is made to a magistrate judge's report and recommendation, the district court reviews the report for clear error.
- The complaint may be dismissed without prejudice when the plaintiff fails to pay the filing fee or file a compliant in forma pauperis motion despite being given multiple opportunities and a show-cause order.
Questions Presented
- Whether the district court should review the unobjected-to report and recommendation for clear error.
- Whether the complaint should be dismissed without prejudice after plaintiff failed to pay the filing fee or submit a compliant in forma pauperis motion despite court orders.
Disposition
dismissed
Cases Cited (3)
- United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009)(followed)
- Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001)(followed)
- Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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