GIBSON
v.
AVANTE NURSING AND REHAB
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The court recommends dismissal of the plaintiff's complaint without prejudice.
Plaintiff filed a complaint and a motion to proceed in forma pauperis, but failed to pay the required filing fee after being ordered to do so. Plainti…
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Po Se Plaintiff filed a Complaint on May 5, 2025, along with a motion to proceed in forma pauperis (IFP). ECF Nos. 1, 3. The Court denied Plaintiff's IFP motion without prejudice and ordered him to file the long-form IFP affidavit by May 30, 2025. ECF NO. 6 [fn 1]. Plaintiff failed to comply with the Court's order and on June 27, 2025, Plaintiff was ordered to pay the requisite filing fee of $405.00 by July 18, 2025; Plaintiff was advised that "[f]ailure to pay the filing fee by the deadline may result in a recommendation that the case be dismissed.” ECF No. 8. To date, Plaintiff has failed to comply with the Court's Order to pay the $405.00 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 all the parties have not yet appeared in the action; thus, they have not yet been noticed of the opt-out procedures or consented to 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).
DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach County, in the Southern District of Florida, this 30th day of July 2025.
BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE
[fn 1]: The Clerk's Office sent the long-form affidavit to Plaintiff. ECF No. 7.