TORRES v. GEO GROUP INC et al

Filing 11

ORDER. The magistrate judges 7 Report and Recommendation is adopted. This case is DISMISSED pursuant to 28 U.S.C. §§ 1915(A)(b)(1) and 1915(e)(2)(B)(i) for maliciousness and abuse of the judicial process. Signed by JUDGE T KENT WETHERELL II on 01/08/2021. (alb)

Case 5:20-cv-00287-TKW-MJF Document 11 Filed 01/08/21 Page 1 of 2
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DANNY TORRES,
Plaintiff,
v.

Case No. 5:20-cv-287-TKW/MJF

GEO GROUP INC., et al.,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 7) and Plaintiff’s objections (Doc. 10). The Court reviewed
the objections de novo as required by Fed. R. Civ. P. 72(b)(3), and based on that
review, the Court agrees with the magistrate judge’s determination that this case is
due to be dismissed based on Plaintiff’s failure to completely and honestly disclose
his litigation history.
Plaintiff’s claim that he simply “forgot” about the undisclosed prior cases
because he “blocked out a difficult time of his life” is not a justifiable excuse for his
failure to list those cases. Plaintiff has an obligation to maintain information (or at
least a list of case numbers) for all of his prior cases, and if he does not have that
information, he can (and should) request it from the appropriate clerks’ offices
before filing a new case.

Case 5:20-cv-00287-TKW-MJF Document 11 Filed 01/08/21 Page 2 of 2
Page 2 of 2

Accordingly, it is ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

This case is DISMISSED pursuant to 28 U.S.C. §§ 1915(A)(b)(1) and

1915(e)(2)(B)(i) for maliciousness and abuse of the judicial process.
3.

The Clerk shall close the case file.

DONE AND ORDERED this 8th day of January, 2021.

T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE