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govinfo:USCOURTS-flsd-1_26-cv-23544-1

U.S. District Court for the Southern District of Florida · 2026-06-15

· GavelSight synced 2026-09-06 03:49:23

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
Case No. 26-cv-23544-BLOOM/Elfenbein 
ALYSSA DOWLING,  
 
 Plaintiff, 
 
v. 
 
ERIC KOMITEE, 
 
 Defendant. 
_________________________/ 
 
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 
 
THIS CAUSE  is before the Court upon Plaintiff Alyssa Dowling’s  (“Plaintiff”) 
Complaint, ECF No. [ 1], Motion for Leave to Proceed In Forma Pauperis , ECF No. [3], and 
Motion to Amend, ECF No. [4] . The matter was assigned to Magistrate Judge Marty Fulgueria 
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 Recommendation 
(“R&R”) recommending that Plaintiff’s Complaint be dismissed with prejudice because Plaintiff 
fails to state a plausible claim for relief and has filed this lawsuit as part of a malicious, nationwide 
mass filing of the same threadbare Complaint and amendment would b e futile and unwarranted. 
ECF No. [6]. She also recommended denying Plaintiff’s Motion for Leave to Proceed In Forma 
Pauperis, ECF No. [3], and Motion to Amend, ECF No. [4]. 
The Report and Recommendation advised the parties they had “fourteen (14) days from 
the date of being served with a copy of this Report and Recommendation” to “file written 
objections.” Id. at 8. 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 
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Case No. 26-cv-23544-BLOOM/Elfenbein 
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Report and Recommendation 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 Court finds Judge Elfenbein’s Report and Recommendation to be well reasoned and 
correct. The Court therefore agrees with the analysis and concludes that Plaintiff’s Complaint is 
dismissed with prejudice, her Motion for Leave to Proceed In Forma Pauperis is denied, and her 
Motion for Leave to Amend is denied. 
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 WITH PREJUDICE.  
3. Plaintiff’s Motion to Proceed In Forma Pauperis, ECF No. [3], is DENIED. 
4. Plaintiff’s Motion to Amend, ECF No. [4], is DENIED. 
5. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, 
all pending motions are DENIED AS MOOT, and all deadlines are 
TERMINATED. 
6. The Clerk of Court shall administratively CLOSE this case. 
 DONE AND ORDERED in Chambers in Miami, Florida, on June 12, 2026. 
 
 
 
 
            ______ _______________________ 
            BETH BLOOM  
            UNITED STATES DISTRICT JUDGE  
 
 
Copies to: 
 
Counsel of record 
 
Alyssa Dowling 
631 Waterman St 
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Case No. 26-cv-23544-BLOOM/Elfenbein 
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Wichita, KS 67208 
PRO SE 
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