Baldwin v. Alley Bank

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 25-cv-80989-REINHART
CARTAVIOUS BALDWIN,
Plaintiff,
vs.
ALLEY BANK,
Defendant.
_______________________________________/
REPORT AND RECOMMENDATION OF DISMISSAL AND ORDER
DIRECTING THE CLERK OF COURT TO ASSIGN A DISTRICT JUDGE
Pro Se Plaintiff, Cartavious Baldwin, filed his Complaint along with a Motion
for leave to proceed in forma pauperis. Plaintiff’s Motion provided limited information
about his earnings, assets, and liabilities. See generally ECF No. 3. So, I denied his
Motion without prejudice and directed him to file the long form financial affidavit no
later than August 27, 2025. ECF No. 6. 	I cautioned the Plaintiff that his failure to
comply may result in this Court “recommend[ing] that the case be dismissed without
further notice.” Id. at 2. That deadline has expired, and Plaintiff has failed to comply.
To date, Plaintiff has failed to file an amended Motion nor did Plaintiff pay the
requisite 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);
Case 9:25-cv-80989-DMM Document 7 Entered on FLSD Docket 11/18/2025 Page 1 of 3

2
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 the Plaintiff has not yet been given an opportunity to
be noticed of the opt-out procedures on 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).
Case 9:25-cv-80989-DMM Document 7 Entered on FLSD Docket 11/18/2025 Page 2 of 3

3
DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach
County, in the Southern District of Florida, this 18th day of November 2025.
__________________________________
BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE
Case 9:25-cv-80989-DMM Document 7 Entered on FLSD Docket 11/18/2025 Page 3 of 3