HAYES
v.
DIXON
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Hayes sued Dixon and others in federal court. The district court dismissed the case without prejudice as malicious and an abuse of judicial process because Hayes failed to completely disclose his litigation history on the complaint form despite signing it under penalty of perjury.
The court affirmed the magistrate judge's recommendation and dismissed the case without prejudice as malicious and an abuse of judicial process under 28 U.S.C. §§1915(e)(2)(B)(i) and 1915A(b)(1) due to Hayes's failure to completely disclose his litigation history on a form signed under penalty of perjury.
“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 finding an action malicious based on litigation history disclosure violations.
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Join FLexlaw to unlock all legal intelligenceHayes filed a complaint in federal court. The complaint form required disclosure of the plaintiff's litigation history. Hayes failed to completely dis…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 12). 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 shall enter judgment in accordance with this Oder and close the case file.
DONE and ORDERED this 8th day of April, 2024.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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