MCKENZIE
v.
WASHINGTON COUNTY JAIL
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The district court adopted a magistrate judge's recommendation to dismiss McKenzie's civil rights complaint against Washington County Jail and James Skipper as malicious and an abuse of process because McKenzie failed to completely and honestly disclose her prior litigation history on the complaint form, despite signing under penalty of perjury.
The court held that a complaint is malicious and constitutes an abuse of the judicial process when a prisoner misrepresents or fails to completely and honestly disclose prior litigation history on a complaint form requiring such disclosure and signs the complaint 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, as such a complaint is an abuse of the judicial process.”
Establishes the legal standard for dismissing complaints as malicious based on failure to disclose litigation history
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Join FLexlaw to unlock all legal intelligenceMcKenzie filed a civil rights action against Washington County Jail and James Skipper. The magistrate judge issued a Report and Recommendation recomme…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 3) and Plaintiff's objection (Doc. 4). The Court reviewed the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge's determination that this case should be dismissed as malicious and an abuse of the judicial process based on Plaintiff's failure to completely and honestly disclose her 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 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 as malicious and an abuse of process under 28 U.S.C. §1915A(b)(1).
3. The Clerk shall enter judgment in accordance with this Order and close the case.
DONE and ORDERED this 15th day of July, 2024.