Koger v. Everglades Housing Group, Inc. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION
CASE NO. 25-14317-CIV-CANNON/Maynard
JASMINE KOGER,
Plaintiff,
v.
EVERGLADES HOUSING GROUP, INC. et al.,
Defendants.
________________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION,
DISMISSING COMPLAINT WITHOUT PREJUDICE, AND CLOSING CASE
THIS CAUSE comes before the Court upon Magistrate Judge Shaniek M. Maynard’s
Report and Recommendation (the “Report”). 	The Report recommends dismissal of this action
without prejudice for Plaintiff’s failure to prosecute [ECF No. 12]. 	Upon review, the Court
ACCEPTS the Report [ECF No. 12] and DISMISSES this action without prejudice for failure to
prosecute and comply with Court orders.
***
On September 2, 2025, Plaintiff filed a pro se Complaint asserting that Defendants had
violated several federal laws in terminating Plaintiff’s residential lease [ECF No. 1]. Plaintiff also
filed an accompanying Motion to Proceed In Forma Pauperis (“IFP”) [ECF No. 3]. On October
3, 2025, Magistrate Judge Maynard issued an Order finding Plaintiff financially ineligible to
proceed IFP and requiring her to pay the Court’s filing fee by October 17, 2025 [ECF No. 8]. That
Order expressly cautioned Plaintiff that any failure to comply could result in dismissal of the action
without further notice [ECF No. 8 p. 3 (emphasis in original)]. That deadline passed with no timely
payment or other activity by Plaintiff.
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CASE NO. 25-14317-CIV-CANNON/Maynard
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Then, on November 18, 2025, Judge Maynard issued a second Order sua sponte granting
Plaintiff a limited extension of the deadline to pay the filing fee [ECF No. 9]. That Order required
Plaintiff to comply by December 1, 2025 [ECF No. 9 p. 1]. 	Judge Maynard again cautioned
Plaintiff that failure to comply could result in dismissal without further notice for failure to
prosecute and comply with Court orders [ECF No. 9 p. 1 (emphasis in original)]. 	Again, this
deadline passed with no timely payment or other indication by Plaintiff of an intent to comply. As
of now, Plaintiff has neither timely paid the Court’s filing fee nor taken any further action to pursue
her claims.
Because Plaintiff has been given two separate opportunities to comply with the mandatory
filing fee requirement and still has failed to comply [ECF Nos. 8–9], and pursuant to the Court’s
inherent power to manage its docket, Betty K. Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1337
(11th Cir. 2005), it is ORDERED AND ADJUDGED as follows:
1. 	The Magistrate Judge’s Report is ACCEPTED [ECF No. 12] as clarified herein.
2. 	This action is DISMISSED WITHOUT PREJUDICE for lack of prosecution and
compliance with Court orders.
3. 	The Clerk is directed to CLOSE this case.
ORDERED in Chambers at Fort Pierce, Florida, this 20th day of January 2026.
_________________________________
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
cc: 	counsel of record
Jasmine Koger
jasmine34972@gmail.com
PRO SE
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