The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
WILLIS MILLER,
Plaintiff,
v. Case No. 5:24-cv-253-TKW-MJF
OFFICER BROWN, et al.,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 13). No objections were filed.
Upon due consideration of the Report and Recommendation and the case file,
the Court agrees with the magistrate judge’s determination that this case should be
dismissed without prejudice as malicious because Plaintiff abused the judicial
process in failing to disclose his litigation history complete and honestly. See Burrell
v. Warden, 857 F. App’x 624, 625 (11th Cir. 2021) (“An action is malicious when a
prisoner misrepresents his prior litigation history on a complaint form requiring
disclosure of such history and signs the complaint under penalty of perjury, as such
a complaint is an abuse of the judicial process.”).
Accordingly, it is ORDERED that:
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1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. This case is DISMISSED without prejudice under 28 U.S.C.
$§$1915(e)(2)(B)G) and 1915A(b) as malicious for abuse of the judicial process.
3. The Clerk shall enter judgment in accordance with this Order and close
this case.
DONE AND ORDERED this 21st day of March, 2025.
7. Jhod Wled
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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