JACKSON
v.
DIXON
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Jackson filed a civil rights action against Secretary Dixon, but the district court dismissed the case as an abuse of the judicial process because Jackson failed to truthfully disclose his prior litigation history on the complaint form, which he signed under penalty of perjury.
The court held that a complaint is an abuse of the judicial process when a prisoner misrepresents his prior litigation history on a complaint form requiring such disclosure and signs the complaint under penalty of perjury. Therefore, the case must be dismissed under 28 U.S.C. §§1915(e)(2)(B) and 1915A(b) and the court's inherent authority.
“An action is malicious when a prisoner misrepresents his prior litigation history on a complaint form requiring disclosure of such history and signs the complaint under penalty of perjury, as such a complaint is an abuse of the judicial process.”
Establishes the legal standard for dismissal based on false disclosure of litigation history in prisoner complaints.
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Join FLexlaw to unlock all legal intelligenceJackson filed a civil action in the U.S. District Court for the Northern District of Florida against Secretary Ricky Dixon and others. The complaint r…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 5). No objections were filed.
Upon due consideration of the Report and Recommendation and the entire case file, the Court agrees with the magistrate judge's determination that this case should be dismissed as an abuse of the judicial process based on Plaintiff's failure to truthfully disclose his litigation history. See Burrell v. Warden, 857 F. App'x 624, 625 (11th Cir. 2021) (“An action is malicious when a prisoner misrepresents his prior litigation history on a complaint form requiring disclosure of such history and signs the complaint under penalty of perjury, as such a complaint is an abuse of the judicial process."). Accordingly, it is
ORDERED that:
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1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. This case is DISMISSED without prejudice under 28 U.S.C. §§1915(e)(2)(B) and 1915A(b) and the Court's inherent authority based on Plaintiff's failure to truthfully disclose his litigation history.
3. The Clerk shall enter judgment in accordance with this Order and close the case file.
DONE AND ORDERED this 5th day of September, 2025.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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