MANN v. CHURCHWELL

Filing 39

ORDER ADOPTING THE MAGISTRATE JUDGE'S 36 REPORT AND RECOMMENDATION - The plaintiff's 1 complaint and this action are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as an abuse of the judic ial 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(e)(2)(B)(i). Signed by SENIOR JUDGE WILLIAM STAFFORD on 1/9/2014. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JOHN W. MANN, Inmate # MO7271,
Plaintiff,
v.

5:13cv175-WS

CHURCHWELL, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation
docketed December 12, 2013. See Doc. 36. 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. 38) to the
magistrate judge’s report and recommendation.
As reported by the magistrate judge, the Court's PACER Case Locator
reflects that, while incarcerated, the plaintiff has filed at least two federal cases that
he failed to disclose when he filed his complaint in this action: Mann v. Tucker,

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Case No. 1:12cv23488-KMM (S.D. Fla.) (dismissed for lack of prosecution); and
Mann v. Busk, Case No. 2:11cv14423-KMM (S.D. Fla.) (dismissed for failure to
state a claim). In his objections, the plaintiff has provided no persuasive reason to
excuse his failure disclose these cases on his complaint form. Accordingly, it is
ORDERED:
1. The magistrate judge's report and recommendation (doc. 36) is hereby
ADOPTED and incorporated by reference into this order.
2. 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(e)(2)(B)(i).
DONE AND ORDERED this

9th

day of

January

, 2014.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE