UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

DWAYNE MARTIN,

Plaintiff,

v. Case No. 5:23-cv-285-TKW-MJF

BOBBY BOWERS,

Defendant.

/ ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (R&R) (Doc. 6).1 No objections were filed. Upon due consideration of the R&R and the case file, the Court agrees with the magistrate judge’s determination that this case should be dismissed as malicious based on Plaintiff’s failure to fully disclose his litigation history. See Burrell v. Moore,

, 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....”).

1 The copy of the R&R mailed to Plaintiff’s address of record was returned as undeliverable by the Post Office. See Doc. 7. The Clerk re-mailed the R&R on January 2, 2024, to the Florida State Prison address reflected on the forwarding label,

and Plaintiff presumably received that copy of the R&R because it was not returned by the Post Office.

Page 1 of 2 Accordingly, it is ORDERED that: 1. The magistrate judge’s R&R is adopted and incorporated by reference in this Order. 2. This case is DISMISSED without prejudice as malicious under

(e)(2)(B)(i). 3. The Clerk shall enter judgment in accordance with this Order and close the case file. DONE and ORDERED this 26th day of January, 2024. □□ Wood

T.KENT WETHERELL,I UNITED STATES DISTRICT JUDGE

Page 2 of 2