MILLER
v.
BROWN
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The district court dismissed plaintiff Miller's civil rights complaint without prejudice as malicious, finding that Miller abused the judicial process by failing to honestly disclose his prior litigation history on the complaint form, which was signed under penalty of perjury.
The complaint should be dismissed without prejudice as malicious because Miller's failure to completely and honestly disclose his litigation history on a form signed under penalty of perjury constitutes an abuse of the judicial process.
“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 of a complaint as malicious based on dishonest disclosure of litigation history
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Join FLexlaw to unlock all legal intelligenceMiller filed a civil complaint against Officer Brown and others. The complaint form required disclosure of prior litigation history, which Miller sign…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 13). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file, the Court agrees with the magistrate judge's determination that this case should be dismissed without prejudice as malicious because Plaintiff abused the judicial process in failing to disclose his litigation history complete and honestly. 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:
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)(i) and 1915A(b) as malicious for abuse of the judicial process.
3. The Clerk shall enter judgment in accordance with this Order and close this case.
DONE AND ORDERED this 21st day of March, 2025.