WOODS
v.
CENTURION
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The district court dismissed a prisoner's civil rights complaint under the three-strikes statute (28 U.S.C. §1915(g)) after finding it malicious based on the plaintiff's failure to fully disclose his prior litigation history on the complaint form.
The case is dismissed without prejudice under 28 U.S.C. §1915(g) and §1915(e)(2)(B)(i) because the plaintiff's failure to fully disclose his litigation history on the complaint form constitutes a malicious filing and an abuse of the judicial process.
[1] A case may be dismissed under the "three-strikes statute," 28 U.S.C. …
[2] An action is considered "malicious" for purposes of dismissal when a prisoner misrepresents their prior litigation history on a complaint form requiring disclosure and si…
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Establishes the legal standard for what constitutes a malicious filing under the three-strikes statute based on non-disclosure of litigation history.
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Join FLexlaw to unlock all legal intelligencePlaintiff Woods filed a civil case against Centurion and others. The magistrate judge issued a Report and Recommendation recommending dismissal. Plain…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 4). No objections were filed. [fn 1]
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 under the “three-strikes statute,” 28 U.S.C. §1915(g), and as "malicious" based on Plaintiff's failure to fully 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
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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:
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(g) and §1915(e)(2)(B)(i).
3. The Clerk shall enter judgment in accordance with this Order and close the case file.
DONE AND ORDERED this 27th day of June, 2025.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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[fn 1]: Plaintiff filed several documents after the Report and Recommendation was issued, see Docs. 5, 6, 7, 8, but those documents were largely incomprehensible and did not take issue with any of the analysis in the Report and Recommendation. To the extent those documents requested any affirmative relief, it is denied.