CARTAVIOUS BALDWIN
v.
ALLEY BANK

S.D. Fla. | 2025-11-18
No. 25-cv-80989
2025 FFL 29496 District Court, S.D. Florida (2025) Positive Treatment
Cited by 3 cases

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Holding

The court recommended dismissal of the complaint without prejudice due to the plaintiff's failure to comply with court orders.

Headnotes

[1] A pro se litigant must comply with procedural requirements, including timely filing a complete in forma pauperis affidavit or paying the filing fee, or risk dismissal of…

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Facts & Procedural History

The pro se plaintiff filed a complaint and a motion to proceed in forma pauperis, but provided insufficient financial information. The court denied th…

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Topics
Failure To Pay Filing Fee Motion To Proceed In Forma Pauperis (Ifp) Objections To Report And Recommendation Magistrate Judge Jurisdiction

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Opinion of the Court

Pro Se Plaintiff, Cartavious Baldwin, filed his Complaint along with a Motion for leave to proceed in forma pauperis. Plaintiffs Motion provided limited information about his earnings, assets, and liabilities. See generally ECF No. 3. So, I denied his Motion without prejudice and directed him to file the long form financial affidavit no later than August 27, 2025. ECF No. 6. I cautioned the Plaintiff that his failure to comply may result in this Court "recommend[ing] that the case be dismissed without further notice.” Id. at 2. That deadline has expired, and Plaintiff has failed to comply. To date, Plaintiff has failed to file an amended Motion nor did Plaintiff pay the requisite filing fee. Accordingly, the Complaint should be dismissed. El v. Tony, No. 19-61638-CIV, 2019 WL 13215373, at *2 (S.D. Fla. Oct. 23, 2019) (dismissing complaint without prejudice for failure to pay filing fee or file proper IFP motion);

Fulmore v. Inch, No. 21-CV-22572-RAR, 2021 WL 3270058, at *1 (S.D. Fla. July 30, 2021) (same).

REPORT AND RECOMMENDATION

Accordingly, this Court RECOMMENDS that the District Court dismiss Plaintiff's Complaint without prejudice.

DISTRICT JUDGE ASSIGNMENT

Pursuant to Administrative Order 2025-11, I submit my findings in a Report and Recommendation because the Plaintiff has not yet been given an opportunity to be noticed of the opt-out procedures on Magistrate Judge Jurisdiction. Accordingly, the Clerk of Court is DIRECTED to assign a District Judge.

NOTICE OF RIGHT TO OBJECT

A party shall serve and file written objections, if any, to this Report and Recommendation with the assigned District, within FOURTEEN (14) DAYS of being served with a copy of this Report and Recommendation. Failure to timely file objections shall constitute a waiver of a party's "right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions." 11th Cir. R. 3-1 (2016).

2

DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach County, in the Southern District of Florida, this 18th day of November 2025.

BRUCE E. REINHART

UNITED STATES MAGISTRATE JUDGE

3

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Citator

Cited By

  • Cartavious Baldwin v. Alley Bank (S.D. Fla. 2025)
    …la. Oct. 23, 2019) (dismissing complaint without prejudice for failure to pay filing fee or file proper IFP motion); ---PAGE 2--- Case 9:25-cv-80989-DMM Document 7 Entered on FLSD Docket 11/18/2025 Page 2 of 3 Fulmore v. Inch, No. 21-CV-22572-RAR, 2021 WL 3270058, at *1 (S.D. Fla. July 30, 2021) (same). REPORT AND RECOMMENDATION Accordingly, this Court RECOMMENDS that the District Court dismiss Plaintiff's Complaint without prejudice. DISTRICT JUDGE ASSIGNMENT Pursuant to Administrative Order 2025-11, I…
  • Gioia v. Bradshaw, 2019 WL 13215373 (S.D. Fla. 2025)
    …the Complaint should be dismissed. El v. Tony, No. 19-cv-61638, 2019 WL 13215373, at *2 (S.D. Fla. Oct. 23, 2019) (dismissing complaint without prejudice for failure to pay filing fee or file proper IFP motion); Fulmore v. Inch, No. 21-CV-22572-RAR, 2021 WL 3270058, at *1 (S.D. Fla. July 30, 2021) (same). ---PAGE 2--- Case 9:25-cv-80801-DMM Document 5 Entered on FLSD Docket 07/15/2025 Page 2 of 2 REPORT AND RECOMMENDATION Accordingly, this Court RECOMMENDS that the District Court dismiss Plaintiff's Complai…
  • Gibson v. Avante Nursing and Rehab (S.D. Fla. 2025)
    …cv-80552-AMC Document 9 Entered on FLSD Docket 07/31/2025 Page 2 of 3 13215373, at *2 (S.D. Fla. Oct. 23, 2019) (dismissing complaint without prejudice for failure to pay filing fee or file proper IFP motion); Fulmore v. Inch, No. 21-CV-22572- RAR, 2021 WL 3270058, at *1 (S.D. Fla. July 30, 2021) (same). REPORT AND RECOMMENDATION Accordingly, this Court RECOMMENDS that the District Court dismiss Plaintiff's Complaint without prejudice. DISTRICT JUDGE ASSIGNMENT Pursuant to Administrative Order 2025-11, I…

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