FUENTES v. DIXON
ORDER OF DISMISSAL. I now adopt the portion of the report and recommendations 14 addressing Fuentes's failure to accurately disclose his litigation history. The clerk will enter a judgment that says, "Plaintiff' s claims are dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative misrepresentations relating to his litigation history." The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 11/13/2023. (atm)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
Case No. 4:23-cv-346-AW-MAF
CENTURION OF FLORIDA, LLC,
ORDER OF DISMISSAL
Pro se inmate Guillermo Fuentes filed this § 1983 action alleging deliberate
indifference to serious medical needs. The magistrate judge recommends dismissal
based on Fuentes’s failure to disclose his many prior cases. ECF No. 14. Fuentes has
filed objections, ECF No. 18, and I have considered the issues he raised de novo. I
now dismiss the case.
First, as Fuentes’s objection notes, it was not timely filed. I have nonetheless
considered it as if it were timely. Second, Fuentes takes issue with the magistrate
judge’s conclusions about the IFP form, but the court is not dismissing on that basis.
I now adopt the portion of the report and recommendations addressing
Fuentes’s failure to accurately disclose his litigation history. The clerk will enter a
judgment that says, “Plaintiff’s claims are dismissed without prejudice pursuant to
28 U.S.C. § 1915(e)(2)(B)(i) as malicious because Plaintiff made affirmative
misrepresentations relating to his litigation history.” The clerk will then close the
SO ORDERED on November 13, 2023.
s/ Allen Winsor
United States District Judge
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