OLIVER v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RICKY OLIVER,
Plaintiff,
vs. 	Case No.: 1:25-cv-48-MCR-ZCB
SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants.
_____________________/
ORDER
The Magistrate Judge issued a Report and Recommendation on May 6, 2025.
ECF No. 16. 	The Court furnished the Plaintiff a copy of the Report and
Recommendation and afforded an opportunity to file objections pursuant to Title 28,
United States Code, Section 636(b)(1). I have made a de novo determination of all
timely filed objections.
Having considered the Report and Recommendation, and any timely filed
objections thereto, I have determined the Report and Recommendation should be
adopted. Dismissal without prejudice for a plaintiff’s failure to accurately disclose
his litigation history is an “appropriate exercise of a district court’s inherent authority
to manage its docket and enforce the local rules.” 	McNair v. Johnson, 143 F.4th
1301, 1308 (11th Cir. 2025). Further, in dismissing a case without prejudice based
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on a plaintiff’s misstatement of his litigation history, a court has the inherent ability
to do so even in absence of a finding that the plaintiff’s misstatement was malicious.
See Wromas v. Barker, Case No. 3:25cv891-MW/ZCB, 2025 WL 1953112 (N.D.
Fla. July 16, 2025).
Accordingly, it is ORDERED:
1. 	The Magistrate Judge’s Report and Recommendation, ECF No. 16, is
adopted and incorporated by reference in this order.
2. 	This case is DISMISSED without prejudice as a malicious abuse of
the judicial process under 28 U.S.C. §§ 1915(e)(2)(B)(i), 1915A(b)(1).
3. 	The Clerk of Court is directed to enter judgment in accordance with this
order and close the case.
DONE AND ORDERED this 3 rd day of December 2025.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case 1:25-cv-00048-MCR-ZCB Document 31 Filed 12/03/25 Page 2 of 2