Melanie Beres v. St. Mary’s Medical Center, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 26-CV-80275-BER

MELANIE BERES,

Plaintiff,

vs.

ST. MARY’S MEDICAL CENTER, INC.,

Defendant.

_______________________________________/

REPORT AND RECOMMENDATION ON PAPERLESS ORDER [ECF No. 10] On March 13, 2026, pro se Plaintiff Melanie Beres filed a Complaint against St. Mary’s Medical Center, Inc. for deprivation of her civil rights. ECF No. 1. Ms. Beres moved for leave to proceed in forma pauperis (“Motion”). ECF No. 3. On March 16, 2026, I entered an Order denying her Motion without prejudice, and she was ordered to file the long-form financial affidavit. ECF Nos. 4, 6. The following month, Ms. Beres filed the long form affidavit (“Second Motion”). ECF No. 7. After review, I denied her Second Motion because Ms. Beres did not substantiate her request. ECF No. 10. Ms. Beres was given until May 6, 2026, to pay the filing fee. Id. That deadline has passed without Ms. Beres paying the fee or otherwise filing anything with the Court. Therefore, I ORDER the Clerk of the Court to randomly assign a District Judge to preside over this matter, and I RECOMMEND to the District Judge that the case be dismissed without prejudice for failure to comply with the Court’s Order. See

Taylor v. Nelson, 356 F. App'x 318, 319 (11th Cir. 2009) (per curiam).

REPORT AND RECOMMENDATION Accordingly, this Court RECOMMENDS that the District Court dismiss the case without prejudice.

NOTICE OF RIGHT TO OBJECT A party shall serve and file written objections, if any, to this Report and Recommendation with the United States District Judge for the Southern District of Florida, 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). If counsel do not intend to file objections, they shall file a notice advising the District Court within FIVE DAYS of this Report and Recommendation.

2 DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach County, in the Southern District of Florida, this 29th day of May 2026.

BRUCE E. REINHART UNITED STATES MAGISTRATE JUDGE