MILLETTE v. BIGGENS

Filing 22

ORDER ADOPTING 15 REPORT AND RECOMMENDATION signed by JUDGE ALLEN C WINSOR on 3/10/25. The clerk is directed to enter judgment and close the file. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
REYNALDO EDMUND MILLETTE,
Plaintiff,
v.

Case No. 5:24-cv-222-AW-MJF

S. BIGGENS,
Defendant.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
The magistrate judge issued a report and recommendation concluding the
court should dismiss without prejudice for maliciousness and abuse of the judicial
process. ECF No. 15. The magistrate judge explains that Plaintiff Millette did not
properly disclose his litigation history. Millette has not filed any objection.1
I have carefully considered the matter, and I now adopt the report and
recommendation and incorporate it into this order. I agree that dismissal without
prejudice is appropriate and that a lesser sanction would be insufficient. I also note
that there is no indication this dismissal would operate in practice as one with
prejudice, because there is no indication the statute of limitations has run.

After the report and recommendation issued, Millette filed a “Notice,” but
that addressed withdrawals for partial filing fees and did not take issue with the
report and recommendation. ECF No. 16.
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The clerk will enter a judgment that says, “This case is dismissed without
prejudice, pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i), for
maliciousness and abuse of the judicial process.” The clerk will then close the file.
SO ORDERED on March 10, 2025.
s/ Allen Winsor
United States District Judge

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