MONTS v. DEPARTMENT OF CORRECTIONS

Filing 19

ORDER rejecting 18 REPORT AND RECOMMENDATION and dismissing case without prejudice for abuse of the judicial process signed by SENIOR JUDGE MAURICE M PAUL on 9/27/13. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CALVIN C MONTS, II,
Plaintiff,
v.

CASE NO. 5:12-cv-00258-MP-GRJ

DEPARTMENT OF CORRECTIONS, CLINTON GREER, REYMOND HILL,
Defendants.
_____________________________/
ORDER
This matter is before the Court on Doc. 18, Report and Recommendation of the
Magistrate Judge, which recommends dismissing this case with prejudice. The time for filing
objections has passed, and none have been filed.
Among many other arguments, the defendants note that plaintiff completed the Amended
Complaint (Doc. 11) on the Court’s form and signed it under penalty of perjury yet failed to
disclose 10 prior cases, instead disclosing two and stating that he was unsure of his prior cases.
A plaintiff’s lack of candor, failure to disclose previous lawsuits as clearly required on the
Court’s prisoner civil rights complaint form warrants dismissal of the complaint for abuse of the
judicial process. See Redmon v. Lake County Sheriff’s Office, No. 10-11070, 2011 WL 576601
*4 (11th Cir. Feb. 10, 2011). In light of Plaintiff’s explanation in his response and the age of the
previous federal cases, the Magistrate Judge recommends that dismissal is not necessary, and
that dismissal on the merits (and with prejudice) would be better than dismissing the case
without prejudice. While the undersigned respects the Magistrate Judge's concerns for judicial
economy, proceeding in this manner could erode the importance of prisoner litigants being

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honest when disclosing the number and details of prior cases. The undersigned finds that
plaintiff was not clear or forthright when disclosing his prior cases, and for that reason shall
dismiss the case without prejudice to plaintiff filing a new case, subject to a new filing fee, in
which he properly discloses all of his prior litigation. Accordingly, it is
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge is rejected, and this
case dismissed without prejudice for abuse of the judicial process.

DONE AND ORDERED this 27th day of September, 2013

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 5:12-cv-00258-MP-GRJ