WESLEY
v.
PAYNE
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A federal district court dismissed a prisoner's civil complaint as malicious and an abuse of judicial process under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1) because the plaintiff failed to completely disclose his prior litigation history on the complaint form, which he signed under penalty of perjury.
The district court held that the case should be 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) based on the plaintiff's failure to completely disclose his litigation history.
“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”
Establishes the legal standard for dismissal of prisoner complaints as malicious under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1)
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Join FLexlaw to unlock all legal intelligencePlaintiff Wesley filed a civil case against defendant S. Payne and others in federal court. The magistrate judge issued a Report and Recommendation fi…
The full statement of facts, procedural history, and disposition for this case are member content.
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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 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, 854 F. App'x 624 (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 ...."). 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 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 will enter judgment in accordance with this Oder and close the case file.
DONE and ORDERED this 3rd day of June, 2024.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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