Floyd v. Carter

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.: 25-cv-25901-JB/Elfenbein
CHARMAINE FLOYD,
Plaintiff,
v.
MR. SEAN CARTER,
Defendant.
__________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION AND CLOSING CASE
THIS CAUSE comes before the Court on United States Magistrate Judge
Marty Fulgueira Elfenbein’s Report and Recommendation (“Report”). 	ECF No. [4].
In the Report, Magistrate Judge Elfenbein recommends that the Court grant
Plaintiff’s 	Motion 	for 	Leave 	to 	Proceed 	in 	forma 	pauperis, 	dismiss 	Plaintiff’s
Complaint without prejudice for failure to state a claim, and issue a limited filing
injunction against Plaintiff as a vexatious litigant. 	Id. 	No objections to the Report
have been filed, and the time to do so has passed.
After careful consideration of the Report, the Motion, the record, and the
applicable law, it is ORDERED AND ADJUDGED as follows:
1. 	The Report, ECF No. [4], is AFFIRMED and ADOPTED.
2. 	Plaintiff’s Motion for Leave to Proceed in forma pauperis, ECF No. [3],
is GRANTED.
3. 	Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE.
4. 	Plaintiff is hereby designated a vexatious litigant, and an injunction is
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hereby entered against Plaintiff restricting Plaintiff from filing any further motion,
pleading, or other paper in this action, or from filing another lawsuit without prior
approval from the Court or unless such filings are signed by an attorney authorized
to practice law before this Court
5. 	The Clerk is directed to CLOSE this case.
DONE AND ORDERED in Miami, Florida, this 7th day of January, 2026.
____________________________________
JACQUELINE BECERRA
UNITED STATES DISTRICT JUDGE
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