Restricted Filer - Floyd v. Florida Department of Agriculture Consumer Service Division of Licensing

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:25-cv-23946-LEIBOWITZ/REID
CHARMAINE FLOYD,
Plaintiff,
v.
FLORIDA DEPARTMENT OF
AGRICULTURE CONSUMER SERVICE
DIVISION OF LICENSING,
Defendant.
______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS CAUSE is before the Court on the Report and Recommendation on Plaintiff’s Motion
to Proceed In Forma Pauperis [ECF No. 6] (“the R&R”). The R&R recommends that the Motion to
Proceed In Forma Pauperis (“the Motion”) [ECF No. 3] be denied and that the case be dismissed
with prejudice. [ECF No. 6 at 12].
The R&R also details Plaintiff’s history of frivolous, harassing litigation and recommends that
the Court designate Plaintiff a vexatious litigant and enjoin Plaintiff from “filing any further motion,
pleading, or other paper in this action, or from filing another lawsuit in this District without prior
approval from the Court or unless it is accompanied by payment of a filing fee, a sworn oath indicating
imminent danger of serious personal injury, or representation by an attorney admitted to the bar of
this Court.” [Id.]. Based on Plaintiff’s well-documented history of abusive litigation before this Court
and others in this district, [see R&R at 7–11], the Court finds it necessary to restrict Plaintiff’s filing
privileges. 	See Watkins, 820 F. App’x at 947 (finding that “the district judge, who had previously
handled many of [the vexatious litigant’s] cases, was in the best position to assess [the litigant’s]
activities and their effect on the Southern District of Florida’s resources.”). Accordingly, Plaintiff shall
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be added to the list of restricted filers in the Southern District of Florida.
This case was assigned to United States Magistrate Judge Lisette M. Reid pursuant to
Administrative Order 2025-11. Thereafter, this case was randomly reassigned to the undersigned. [See
ECF No. 5]. Plaintiff did not file an objection within the time permitted.
Having reviewed the Motion, the record, the Report and Recommendation, the governing law
and finding no error, it is hereby ORDERED AND ADJUDGED as follows:
1. 	The Magistrate Judge’s Report and Recommendation [ECF No. 6] is AFFIRMED
and ADOPTED and fully incorporated herein.
2. 	The Motion to Proceed In Forma Pauperis [ECF No. 3] is DENIED.
3. 	This action is DISMISSED WITH PREJUDICE. 	The Clerk is instructed to
CLOSE this case. 	All existing deadlines are TERMINATED, and any pending
motions are DENIED AS MOOT.
4. 	The Clerk of Court is ORDERED to place Plaintiff Charmaine Floyd on the list of
restricted filers. The Clerk is DIRECTED not to accept any future filings from
Plaintiff unless Plaintiff (1) pays the filing fee; (2) affirms under oath that he is
in imminent threat of serious physical injury; (3) is represented by counsel; or
(4) obtains leave of court to file. See Miller v. Donald, 541 F.3d 1091, 1096–98 (11th
Cir. 2008) (discussing appropriate restrictions that district courts may place on
vexatious litigants). To the extent Plaintiff files a case in another district that is then
transferred to this district, the Clerk is directed to notify the judge to whom the case
is assigned, in this district, of this Order and Plaintiff’s restricted-filer status.
DONE AND ORDERED in the Southern District of Florida on December 31, 2025.
cc: counsel of record
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