Pedro Anaya v. New Horizons CMHC, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 26-cv-23289-BLOOM/Elfenbein PEDRO ANAYA,

Plaintiff,

v.

NEW HORIZONS CMHC, INC.,

Defendant. _________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

THIS CAUSE is before the Court upon Plaintiff Pedro Anaya’s Complaint against Defendant New Horizons CMHC, Inc. (“Complaint”), ECF No. [1]. The matter was assigned to Magistrate Judge Marty Fulgueira Elfenbein pursuant to Administrative Order 2025-11. Because Judge Elfenbein did not possess authority to issue a dispositive order in this case, she issued a Report and Recommendations (“R&R”) recommending that Plaintiff’s Complaint be dismissed without prejudice for lack of subject-matter jurisdiction.1 ECF No. [6] at 4. The R&R advised the parties that they “have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with [this Court].” Id. To date, the parties have not filed objections, nor have they sought additional time to file objections. Nonetheless, the Court has conducted a de novo review of Judge Elfenbein’s R&R and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the

1 Judge Elfenbein gave Plaintiff an opportunity to establish subject-matter jurisdiction and ordered Plaintiff to show cause by June 1, 2026, why the Court should not dismiss the action for lack of subject-matter jurisdiction. See ECF No. [5] at 4. Plaintiff failed to respond. See ECF No. [6] at 2. Case No. 26-cv-23289-BLOOM/Elfenbein

Court finds Judge Elfenbein’s R&R to be well reasoned and correct. The Court therefore agrees with the analysis and concludes that Plaintiff's Complaint is dismissed without prejudice. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation, ECF No. [6], is ADOPTED. 2. Plaintiff's Complaint, ECF No. [1], is DISMISSED WITHOUT PREJUDICE. 3. Plaintiff's Motion to Proceed in Forma Pauperis, ECF No. [3], is DENIED as moot. 4. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. 5. The Clerk of Court shall CLOSE this case. DONE AND ORDERED in Chambers in Miami, Florida, on June 17, 2026.

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of record Pedro Anaya 1255 NW 58 St. #206 Miami, FL 33142 PRO SE