PONS
v.
CARAF OIL GAS STATION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The district court adopted a magistrate judge's report and recommendation denying plaintiff Jose Enrique Pons' application to proceed in forma pauperis and dismissed his complaint without prejudice for failure to pay filing fees or costs.
The court denied plaintiff's application to proceed without prepayment of fees and costs and dismissed the complaint without prejudice, adopting the magistrate judge's report and recommendation.
“Because she did not possess authority to issue a dispositive order in this case, Judge Louis issued a Report and Recommendations”
Explains the procedural posture whereby the magistrate judge could not issue a final decision and instead issued recommendations for the district judge's review.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJose Enrique Pons filed an application to proceed in district court without prepayment of fees or costs. A magistrate judge issued a Report and Recomm…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse In Forma Pauperis Application cases and more on FLexlaw
THIS CAUSE is before the Court upon Plaintiff Jose Enrique Pons' Application to Proceed in District Court Without Prepayment of Fees or Costs (“Application”). ECF No. [3]. The matter was assigned to Magistrate Judge Lauren Louis pursuant to Administrative Order 2025- 11. Because she did not possess authority to issue a dispositive order in this case, Judge Louis issued a Report and Recommendations (“R&R”) recommending that Plaintiff's Application be denied and his Complaint dismissed without prejudice. ECF No. [6]. The R&R advised Plaintiff that "[t]he parties will have FOURTEEN (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with this Court.” Id. at 4. To date, Plaintiff has filed no objections, nor has Plaintiff sought additional time to file objections. The Court has, nonetheless, conducted a de novo review of the R&R and the record and is otherwise fully advised. See Williams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)).
Case No. 25-cv-21615-BLOOM/Louis
Upon review, the Court finds Judge Louis's R&R to be well reasoned and correct. The Court agrees with the analysis in the R&R and concludes that Plaintiff's Application must be denied and the Complaint dismissed without prejudice for the reasons set forth therein.
For the foregoing reasons, it is ORDERED AND ADJUDGED as follows:
1. The R&R, ECF No. [6], is ADOPTED. 2. The Application to Proceed Without Prepayment of Fees and Costs, ECF No. [3], is DENIED. 3. Plaintiff's Complaint is DISMISSED without prejudice. 4. All pending motions are DENIED AS MOOT; and 5. The Clerk shall CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on June 23, 2025.
BETH BLOOM UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of record Jose Enrique Pons Monroe County Jail Inmate Mail/Parcels 5501 College Road Key West, FL 33040 PRO SE