MCKENZIE v. WASHINGTON COUNTY JAIL ( 2024 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION TABITHA MCKENZIE, Plaintiff, v. Case No.: 5:24cv109-TKW/MJF WASHINGTON COUNTY JAIL and JAMES SKIPPER, Defendants. _____________________________/ ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 3) and Plaintiff’s objection (Doc. 4). The Court reviewed the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge’s determination that this case should be dismissed as malicious and an abuse of the judicial process based on Plaintiff’s failure to completely and honestly disclose her litigation history. 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: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. This case is DISMISSED without prejudice as malicious and an abuse of process under 28 U.S.C. §1915A(b)(1). 3. The Clerk shall enter judgment in accordance with this Order and close the case. DONE and ORDERED this 15th day of July, 2024. □□ Wood T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE