HALL v. RAHANGDALE

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATION: Plaintiff's 1 complaint is DISMISSED as an abuse of the judicial process. 2 Motion for Leave to Proceed in forma pauperis filed by WENDALL JERMAINE HALL is DENIED. 9 Plaintiff's request to appoint counsel is DENIED. Set Flags: Dismissed as malicious pursuant to 28 U.S.C. §1915(e)(2)(B)(i). Signed by CHIEF JUDGE STEPHAN P MICKLE on 9/15/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION W ENDALL JERMAINE HALL, Plaintiff, vs. SANDEEP RAHANGDALE, et al., Defendants. ________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court for consideration of the Magistrate Judge's Report and Recommendation (doc. 8). Plaintiff has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff filed an objection (doc. 9). Pursuant to Title 28, United States Code, Section 636(b)(1), I have conducted a de novo review of the sections of the report to which objections have been made. I find that the Report and Recommendation is correct and should be adopted. A review of the record reveals that Plaintiff has an evident pattern of filing frivolous lawsuits, as well as a history of dishonesty with the Courts regarding the number of cases he has previously filed. Plaintiff's objection to the Report and Recommendation is that he was unable to disclose the number of lawsuits he CASE NO. 4:09-cv-283-SPM/WCS previously filed due to his special confinement for mental health issues after the filing of the complaint. However, the Court finds that, given the number of prior cases that the Plaintiff failed to disclose in the complaint form, the Plaintiff's lack of candor was not merely the result of an oversight. Additionally, the Plaintiff's continued efforts to initiate false and frivolous actions are a waste of the Court's time and also malicious. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 8) is adopted and incorporated by reference into this order. 2. Plaintiff's complaint is dismissed as an abuse of the judicial process. The Clerk of Court shall note on the docket that this cause was dismissed as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 3. Pursuant to 28 U.S.C. § 1915(g), Plaintiff's motion for leave to proceed in forma pauperis (doc. 2) is denied. 4. Plaintiff's request to appoint counsel (doc. 9) is denied. DONE AND ORDERED this fifteenth day of September, 2009. s/ Stephan P. Mickle Stephan P. Mickle Chief United States District Judge 2

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