1:26-cv-00045•MILLS v. BLUTH
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Page 1 of 7 NITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ANTHONY MILLS, Plaintiff, v. Case No. 1:26-cv-45-RH-MJF ARLENE BLUTH, Defendant. / REPORT AND RECOMMENDATION Plaintiff Anthony Mills filed a three-sentence complaint against Defendant in at least three districts, including the Northern District of Florida. The undersigned preliminarily screened Mills’s complaint pursuant to 28 U.S.C. § 1915(e)(2). Because the facts in the complaint fail to state a facially plausible claim for relief against the named Defendant, and because Plaintiff has abused the judicial process, the District Court should dismiss this civil action. BACKGROUND On February 19, 2026, Mills commenced this civil action with a one- page complaint. Mills alleges: Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 1 of 7
Page 2 of 7 1. Defendant conspired with individuals in depriving due process rights, Defendant failed to dismiss 100269/2023, causing unreasonable costs to the parties, 2. This Court has jurisdiction under federal law, 3. Plaintiff demands jury trial and $1 Million against Defendant. Doc. 1 ¶¶ 1–3. Because Mills’s complaint bore similar allegations to four complaints recently filed by prolific filers, the undersigned reviewed court records available on the Federal Judiciary’s Public Access to Court Electronic Records (PACER) database. On February 17, 2026, Mills filed the exact same, deficient complaint in the United States District Court for the Middle District of Alabama. Mills v. Bluth, No. 2:26-cv-105 (M.D. Ala). One day later, on February 18, 2026, Mills filed the same deficient complaint in the United States District Court for the Southern District of Florida. Mills v. Bluth, No. 1:26-cv-21070 (S.D. Fla.). D ISCUSSION A. 28 U.S.C. § 1915 Screening Standard Mills is proceeding in forma pauperis. Therefore, the District Court is required to review Mills’s complaint and dismiss any claim that is Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 2 of 7
Page 3 of 7 frivolous, is malicious, fails to state a claim upon which relief can be granted, or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). B. Mills Fails to State a Plausible Claim For Relief A civil complaint filed in federal court must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Determining whether a complaint states a claim upon which relief can be granted is governed by the standard set forth in Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 12(b)(6); Mitchell v. Farcass, 112 F.3d 1483, 1485 (11th Cir. 1997). The District Court must accept as true all well-pleaded factual allegations of the complaint and must consider all reasonable inferences derived from those facts in the light most favorable to the plaintiff. Hunnings v. Texaco, Inc., 29 F.3d 1480, 1483 (11th Cir. 1994). To survive dismissal, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 3 of 7
Page 4 of 7 Mills’s allegations consists of three sentences, which are nothing more than “the-defendant-unlawfully-harmed-me” accusations. Doc. 1 ¶¶ 1–3. Mills provides no factual enhancement to support his conclusion that Defendant conspired in violation of due process. Mills’s vague allegations do not include basic facts such as what happened, when it happened, where it happened, and how Mills suffered any injury because of Defendant’s acts or omissions. Mills’s complaint, therefore, violates Rule 8’s pleading standard. For this reason alone, the District Court should dismiss this civil action. C. Mills Has Abused the Judicial Process There is also a second, independent reason to dismiss this civil action: this civil action is malicious. “[A] plaintiff’s duplicative complaint is an abuse of the judicial process and is properly dismissed” as malicious under 28 U.S.C. § 1915. Daker v. Ward, 999 F.3d 1300, 1308 (11th Cir. 2021); accord McWilliams v. Colorado, 121 F.3d 573, 574 (10th Cir. 1997); Pittman v. Moore, 980 F.2d 994, 995 (5th Cir. 1993); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988); Crisafi v. Holland, 655 F.2d 1305, 1309 (D.C. Cir. 1981). In just three days, Mills has filed the same deficient complaint against Defendant in Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 4 of 7
Page 5 of 7 three federal district courts. Mills’s complaint does not include any facts that suggest the Northern District of Florida is an appropriate venue for this civil action. Mills lists a return address in Guam, his complaint was postmarked in “New York NY,” and it appears that he is suing a New York state judge. Importantly, within the past month, the Northern District of Florida has received four substantially similar complaints against New York state judges: • Adams v. Jimenez, No. 1:26-cv-23-AW-MJF (N.D. Fla.); • Alexander v. Hill-Kearse, No. 1:26-cv-25-AW-HTC (N.D. Fla.); • Williams v. Jimenez, No. 4:26-cv-4-RH-MJF (N.D. Fla.); and • Sullivan v. Pacheco, No. 4:26-cv-45-MW-MJF (N.D. Fla.). In each of these cases, the pro se plaintiff failed to provide the court with a valid mailing address. As one court noted, it is becoming “increasingly obvious these cases were filed by one person, or a group of people, using aliases.” See Adams v. Jimenez, No. 1:26-cv-24, ECF No. 3, Order Dismissing Complaint on Initial Screening (D. Wyo.) (filed Jan. 22, 2026). In light of the foregoing, it is abundantly clear that Mills’s duplicative filings were intended to harass rather than initiate legitimate litigation Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 5 of 7
Page 6 of 7 against Defendant. As such, Mills’s conduct is an abuse of the judicial process, and the District Court should dismiss this civil action because of its maliciousness. CONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS with prejudice, pursuant to 28 U.S.C. § 1915, Plaintiff’s complaint for failure to state a plausible claim for relief; and 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida, this 19th day of February 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen 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. A party who fails to object to the magistrate judge’s findings or Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 6 of 7
Page 7 of 7 recommendations contained in a report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected- to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 1:26-cv-00045-RH-MJF Document 5 Filed 02/19/26 Page 7 of 7
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