dismissals for failure to prosecute and abuse of the judicial process are considered strikes
How later courts described this case
- dismissals for failure to prosecute and abuse of the judicial process are considered strikes
- prisoner's failure to disclose a prior lawsuit was an abuse of the judicial process
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JEFFREY LAGRANDEUR,
Plaintiff,
v. Case No.: 2:24-cv-684-SPC-NPM
BROWN, VALESQUEZ,
LANZETTA, MS. PAT,
MATHEWSON, HERCHY and MS.
THOMPSON,
Defendants.
/
OPINION AND ORDER
Jeffrey Lagrandeur is a Florida state prisoner, and he sues seven state
officials. Before ruling on Lagrandeur’s pending motion to proceed in forma
pauperis, Magistrate Judge Nicholas Mizell learned Lagrandeur
misrepresented his litigation history by omitting eight lawsuits from the
relevant section of his Complaint. Judge Mizell ordered Lagrandeur to show
cause why this action should not be dismissed for abuse of the judicial process.
Lagrandeur did not respond.
Based on the facts set out in Judge Mizell’s Order to Show Cause (Doc.
8) and Lagrandeur’s failure to respond to that order, the Court finds
Lagrandeur abused the judicial process by misrepresenting his litigation
history and thereby avoiding potential dismissal under the three-strikes rule
set out in 28 U.S.C. § 1915(g). See Allen v. Clark, 266 F. App’x 815, 817 (11th
Cir 2008) (dismissals for failure to prosecute and abuse of the judicial process
are considered strikes). The Eleventh Circuit has repeatedly found dismissal
appropriate when a prisoner misrepresents his litigation history. See Redmon
v. Lake Cnty. Sheriff's Off., 414 F. App’x 221, 226 (11th Cir. 2011) (prisoner's
failure to disclose a prior lawsuit was an abuse of the judicial process); Shelton
v. Rohrs, 406 F. App’x 340, 341 (11th Cir. 2010) (same); and Hood v. Tompkins,
197 F. App’x 818, 819 (11th Cir. 2006) (same). The Court will thus dismiss this
action without prejudice. Lagrandeur may file a new action, but he must either
pay the filing fee or establish an exception to the three-strike rule.
Accordingly, it is now
ORDERED:
This action is DISMISSED without prejudice. The Clerk is
DIRECTED to terminate any pending motions and deadlines, enter judgment
of dismissal without prejudice, and close this case.
DONE and ORDERED in Fort Myers, Florida on December 16, 2024.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record