1:26-cv-00025•ALEXANDER v. HILL-KEARSE et al
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Page 1 of 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION JOSEPH ALEXANDER, Plaintiff, v. Case No. 1:26cv25-AW-HTC DAWN HILL-KEARSE, et al., Defendants. __________________________/ REPORT AND RECOMMENDATION Plaintiff Joseph Alexander has filed a complaint (Doc. 1) and motion to proceed in forma pauperis (Doc. 2), which were docketed in this Court on January 23, 2026. After reviewing the complaint and Alexander’s litigation history, the undersigned recommends this case be DISMISSED without prejudice as malicious, as it is duplicative of cases Alexander has filed in district courts throughout the country. Under 28 U.S.C. § 1915(e)(2)(B)(i), the Court must dismiss an action that is frivolous or malicious.1 The filing of a duplicative complaint is considered “an 1 By moving to proceed in forma pauperis, Alexander has invoked the screening provisions of 28 U.S.C. § 1915(e)(2)(B). See Whitted v. Sarasota Mem’l Hosp., 2024 WL 4392784, at *1 n.1 (M.D. Fla. Oct. 3, 2024) (construing a pro se litigant’s “failure to pay the filing fee as a request to proceed in forma pauperis” when screening and dismissing his complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)). However, because this case should be dismissed sua sponte, the motion to proceed in forma pauperis will be denied as moot by separate order. Case 1:26-cv-00025-AW-HTC Document 4 Filed 01/27/26 Page 1 of 3
Page 2 of 3 Case No. 1:26cv25-AW-HTC abuse of the judicial process” and the complaint “is properly dismissed without prejudice as malicious[.]” Daker v. Ward, 999 F.3d 1300, 1308 (11th Cir. 2021). In this case, Alexander’s complaint: (1) names Dawn Hill-Kearse and Sergio Jimenez as Defendants; (2) includes only one allegation—“Upon information and belief, Defendants conspired together and intentionally delayed the calendar of motions, in violation of due process”; (3) states “[t]he basis for this court’s jurisdiction is federal law”; and (4) “demands compensation of $500,000.” Doc. 1. A review of Alexander’s litigation history on PACER reveals he has filed the exact same complaint against the same Defendants in over twenty district courts throughout the country. See e.g., M.D. La. Case No. 3:26cv95 (complaint docketed Jan. 22, 2026); D. Mass. Case No. 1:26cv10273 (complaint docketed Jan. 22, 2026); D.N.M. Case No. 1:26cv142 (complaint docketed Jan. 23, 2026); W.D. Wisc. Case No. 3:26cv57 (complaint docketed Jan. 23, 2026). Because this case is duplicative of cases Alexander filed in other federal courts, including cases that were opened before this one, this case should be dismissed without prejudice as malicious.2 See Daker, 999 F.3d at 1310 (affirming dismissal of complaint as malicious when complaint contained claims duplicative of claims plaintiff had already asserted in two other pending civil actions). 2 Dismissal of this case is also appropriate because Alexander’s sole allegation is conclusory and fails to state a claim under Fed. R. Civ. P. 8, and the complaint fails to establish venue is proper in this district. Case 1:26-cv-00025-AW-HTC Document 4 Filed 01/27/26 Page 2 of 3
Page 3 of 3 Case No. 1:26cv25-AW-HTC Accordingly, it is RECOMMENDED: 1. That this case be DISMISSED without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i). 2. That the clerk close the file. At Pensacola, Florida, this 27 th day of January, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1. Case 1:26-cv-00025-AW-HTC Document 4 Filed 01/27/26 Page 3 of 3
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