ROSA
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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The district court dismissed Rosa's civil rights complaint against the Florida Department of Corrections as malicious and an abuse of the judicial process because Rosa failed to completely disclose his prior litigation history on the complaint form, despite signing it under penalty of perjury.
The complaint was dismissed without prejudice as malicious and an abuse of the judicial process under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1) due to Rosa's failure to completely disclose his litigation history on the complaint form signed under penalty of perjury, and his failure to keep the Court apprised of his current address constituted a failure to prosecute.
[1] A case may be dismissed as malicious and an abuse of the judicial process when a prisoner fails to completely disclose their litigation history on a complaint form requir…
[2] A prisoner's failure to keep the court apprised of their current address constitutes a failure to prosecute, providing an independent basis for dismissal.
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Establishes the legal standard for dismissal as malicious based on failure to disclose litigation history
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Join FLexlaw to unlock all legal intelligenceRosa filed a civil action against the Florida Department of Corrections and Graceville Correctional Facility. The magistrate judge's Report and Recomm…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 3). No objections were filed. [fn 1]
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 under 28 U.S.C. §§1915(e)(2)(B)(i) and 1915A(b)(1) as malicious and an abuse of the judicial process based on Plaintiff's failure to completely disclose his litigation history. See Burrell v. Moore, 857 F. App'x 624, 625 (11th Cir. 2021) (“An action is malicious when a prisoner misrepresents his prior litigation history
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on a complaint form requiring disclosure of such history and signs the complaint under penalty of perjury ...."). 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 for maliciousness and abuse of the judicial process under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
3. The Clerk shall enter judgment in accordance with this Oder and close the case file.
DONE and ORDERED this 10th day of June, 2024.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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[fn 1]: The copy of the Report and Recommendation mailed to Plaintiff was returned as undeliverable by the Post Office so Plaintiff is likely not aware that it was issued. However, that provides an additional reason for dismissal because Plaintiff was obligated to keep the Court apprised of his current address and his failure to do so amounts to a failure to prosecute.