RICKY OLIVER
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL.

N.D. Fla. | 2025-12-03
No. 1:25-cv-48
2025 WL 1953112 2025 FFL 30629 District Court, N.D. Florida (2025) Positive Treatment
Cited by 5 cases

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, dismissing the case without prejudice.

Headnotes

[1] A district court's inherent authority to manage its docket and enforce local rules includes the power to dismiss a case without prejudice when a plaintiff fails to accura…

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Key Quotes

“Dismissal without prejudice for a plaintiff's failure to accurately disclose his litigation history is an "appropriate exercise of a district court's inherent authority to manage its docket and enforce the local rules."”

Court explaining the legal basis for dismissal.
Facts & Procedural History

Plaintiff failed to accurately disclose his litigation history. The Magistrate Judge recommended dismissal without prejudice.…

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Topics
Failure To Disclose Litigation History Docket Management Inherent Power Of Courts Dismissal Without Prejudice

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Opinion of the Court

The Magistrate Judge issued a Report and Recommendation on May 6, 2025. ECF No. 16. The Court furnished the Plaintiff a copy of the Report and Recommendation and afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.

Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined the Report and Recommendation should be adopted. Dismissal without prejudice for a plaintiff's failure to accurately disclose his litigation history is an "appropriate exercise of a district court's inherent authority to manage its docket and enforce the local rules.” McNair v. Johnson, 143 F. 4th 1301, 1308 (11th Cir. 2025). Further, in dismissing a case without prejudice based

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on a plaintiff's misstatement of his litigation history, a court has the inherent ability to do so even in absence of a finding that the plaintiff's misstatement was malicious. See Wromas v. Barker, Case No. 3:25cv891-MW/ZCB, 2025 WL 1953112 (N.D. Fla. July 16, 2025).

Accordingly, it is ORDERED:

1. The Magistrate Judge's Report and Recommendation, ECF No. 16, is adopted and incorporated by reference in this order.

2. This case is DISMISSED without prejudice as a malicious abuse of the judicial process under 28 U.S.C. §§ 1915(e)(2)(B)(i), 1915A(b)(1).

3. The Clerk of Court is directed to enter judgment in accordance with this order and close the case.

DONE AND ORDERED this 3rd day of December 2025.

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

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Citator

Cited By

  • Oliver v. Sec'y, Fla. Dep't of Corr., 2025 WL 1953112 (N.D. Fla. 2025)
    …ithout prejudice based on a plaintiff’s misstatement of his litigation history, a court has the inherent ability to do so even in absence of a finding that the plaintiff’s misstatement was malicious. See Wromas v. Barker, Case No. 3:25cv891-MW/ZCB, 2025 WL 1953112 (N.D. Fla. July 16, 2025). Accordingly, it is ORDERED: 1. The Magistrate Judge’s Report and Recommendation, ECF No. 16, is adopted and incorporated by reference in this order. 2. This case is DISMISSED without prejudice as a malicious abuse of the…
  • Baker v. N. Fla. Evaluation Treatment Ctr., 2021 WL 6125712 (N.D. Fla. 2025)
    …r, 143 F. 4th at 1307-08 (affirming dismissal without prejudice where pro se prisoner failed to accurately disclose his litigation history as required by the Courtapproved complaint form and the Local Rules); Wromas v. Barker, No. 3:25CV891-MW/ZCB, 2025 WL 1953112, at *1 (N.D. Fla. July 16, 2025) (dismissing prisoner complaint without prejudice "pursuant to this Court's inherent authority to manage its docket and enforce the local rules, based on Plaintiff's failure to truthfully disclose his prior litigati…
  • Foster v. Nurse Jones (N.D. Fla. 2025)
    …r, 143 F.4th at 1307-08 (affirming dismissal without prejudice where pro se prisoner failed to accurately disclose his litigation history as required by the Court- approved complaint form and the Local Rules); Wromas v. Barker, No. 3:25CV891-MW/ZCB, 2025 WL 1953112, at *1 (N.D. Fla. July 16, 2025) (dismissing prisoner complaint without prejudice “pursuant to this Court's inherent authority to manage its docket and enforce the local rules, based on Plaintiff's failure to truthfully disclose his prior litigation…

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