MELENDEZ v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 22

ORDER ADOPTING 20 REPORT AND RECOMMENDATION - The order doc. 4 granting the plaintiff's motion for leave to proceed in forma pauperis is VACATED. The plaintiff's motion doc. 2 for leave to proceed in forma pauperis is DENIED. Any monies collected from the plaintiff to date shall be retained by the court as a sanction for the plaintiff's failure to honestly disclose his prior filings. The plaintiff's complaint and this action are DISMISSED WITHOUT PRE JUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as an abuse of the judicial process because the plaintiff did not truthfully and fully disclose his prior litigation history. The clerk shall enter judgment stating: "All claims are dismissed without prejudice." The clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(g). Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/26/2014. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

WILLIAM HOWER MELENDEZ,
Plaintiff,
v.

4:13cv597-WS

SECRETARY, DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed March 14, 2014. See Doc. 20. The magistrate judge recommends that
the plaintiff's complaint and this case be dismissed for abuse of the judicial process
under 28 U.S.C. § 1915(e) based on the plaintiff's failure to fully disclose his prior
litigation history. The plaintiff has filed objections (doc. 21) to the magistrate
judge’s report and recommendation.
Having reviewed the record in this case as well as the record in multiple

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cases filed by the plaintiff in the Middle District of Florida, the court has
determined that the magistrate judge's report and recommendation should be
adopted. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 20) is hereby
ADOPTED and incorporated by reference into this order.
2. The order (doc. 4) granting the plaintiff's motion for leave to proceed in
forma pauperis is VACATED.
3. The plaintiff's motion (doc. 2) for leave to proceed in forma pauperis is
DENIED.
4. Any monies collected from the plaintiff to date shall be retained by the
court as a sanction for the plaintiff's failure to honestly disclose his prior filings.
5. The plaintiff's complaint and this action are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as an abuse of the judicial
process because the plaintiff did not truthfully and fully disclose his prior litigation
history.
3. The clerk shall enter judgment stating: "All claims are dismissed without
prejudice."
4. The clerk shall note on the docket that this case was dismissed pursuant
to 28 U.S.C. § 1915(g).

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DONE AND ORDERED this

26th

day of

March

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE