Darby v. Broward Shereiff Dept et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 26-61490-CIV-SMITH
ROBERT LEE DARBY, II,
Plaintiff,
v.
BROWARD SHERIFF’S DEPT., et al.,
Defendants.
/
ORDER AFFIRMING AND ADOPTING
REPORT AND RECOMMENDATION
This matter is before the Court upon Magistrate Judge Shaw Wilder’s Report and
Recommendation to Dismiss Case Without Prejudice [DE 16]. This case was originally assigned
to Magistrate Judge Detra Shaw-Wilder, who, on August 24, 2026, dismissed the case without
prejudice for failure to state a claim. [DE 11]. Plaintiff was given until September 25, 2026, to file
an amended complaint and an amended motion to proceed in forma pauperis. [Id.]. The Order
expressly warned that failure to comply could result in dismissal. [Id.]. That deadline has passed,
and Plaintiff has not complied.
Because Judge Shaw-Wilder lacked authority to enter a dispositive order in this case, she
issued a Report and Recommendation on September 29, 2026, recommending dismissal without
prejudice for Plaintiff’s failure to file an amended complaint and an amended motion to proceed
in forma pauperis as ordered. [DE 16.] No objections have been filed.
Having considered Judge Shaw-Wilder’s Report and Recommendation [DE 16] and
conducted a de novo review, the Report and Recommendation is AFFIRMED and ADOPTED as
the Order of this Court. Accordingly, it is
Case 0:26-cv-61490-RS Document 19 Entered on FLSD Docket 10/15/2026 Page 1 of 2

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ORDERED that:
1. 	This matter is DISMISSED WITHOUT PREJUDICE.
2. 	All pending motions are otherwise DENIED as moot.
3. 	This case is CLOSED.
DONE AND ORDERED in Fort Lauderdale, Florida, on this 14th day of October, 2026.
cc: 	counsel of record
Case 0:26-cv-61490-RS Document 19 Entered on FLSD Docket 10/15/2026 Page 2 of 2