govinfo:USCOURTS-flsd-1_26-cv-23289-1

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 1:26-cv-23289-BB   Document 11   Entered on FLSD Docket 06/17/2026   Page 1 of 2
Case No. 26-cv-23289-BLOOM/Elfenbein 
 
2 
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. 
 
 
 
 
 
            ______ _______________________ 
            BETH BLOOM  
            UNITED STATES DISTRICT JUDGE  
 
 
Copies to: 
 
Counsel of record 
 
Pedro Anaya 
1255 NW 58 St. 
#206 
Miami, FL 33142 
PRO SE 
Case 1:26-cv-23289-BB   Document 11   Entered on FLSD Docket 06/17/2026   Page 2 of 2

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