4:25-cv-00396•RODRIGUEZ v. DIXON et al
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Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION FELIX L. RODRIGUEZ, DOC # T81827, Plaintiff, vs. Case No. 4:25cv396-AW-MAF RICKY DIXON, et al., Defendants. _________________________/ REPORT AND RECOMMENDATION Plaintiff, a pro se prisoner, initiated this case in September 2025. ECF Nos. 1-5. Plaintiff was eventually granted leave to proceed in forma pauperis, ECF Nos. 9-10, and his amended complaint, ECF No. 8, was reviewed. Finding that Plaintiff had not honestly disclosed his litigation history, an Order to Show Cause, ECF No. 12, was entered on October 16, 2025, requiring Plaintiff to explain why this case should not be dismissed by November 17, 2025. Eleven days later, the Clerk of Court received Plaintiff’s notice of change of address, ECF No. 13, advising that he had been transferred to Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 1 of 8
Page 2 of 8 Columbia C.I. Annex. That notice was signed by Plaintiff on October 19th, and given to prison officials to mail for him on October 20, 2025. Id. Although the docket indicated the Clerk of Court had re-mailed those Orders to Plaintiff on October 28th, id., another Order was entered to provide Plaintiff with a courtesy extension of time to respond to the Order to Show Cause. ECF No. 14. That Order was entered on November 6, 2025. Id. Those Orders (ECF Nos. 12 and 14) were then returned to the Court as undeliverable, ECF No. 15, with a postage stamp which indicates Plaintiff has been transferred to South Bay Correctional Institution. Plaintiff’s current location was confirmed via the Department of Corrections’ “Corrections Offender Network” website, and in light of the mail return, Plaintiff was given another extension of time in which to respond to the Order to Show Cause, ECF No. 12. Plaintiff was required to show good cause why this case should not be dismissed for failure to honestly disclose his litigation history no later than December 22, 2025. ECF No. 16. As of this date, nothing further has been received. Plaintiff’s first amended complaint, ECF No. 8, was submitted on this Court’s § 1983 civil rights complaint form. That form requires a prisoner to Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 2 of 8
Page 3 of 8 disclose all prior cases filed and report any cases which were dismissed for the reasons listed in 28 U.S.C. § 1915g. The form also advises a prisoner Plaintiff that he “should err on the side of caution if [he is] uncertain whether a case should be identified.” See ECF No. 8 at 13. The form also includes a warning - “failure to disclose all prior state and federal cases - including, but not limited to civil case, habeas cases, and appeals - may result in the dismissal of this case.” Id. Question A asks whether Plaintiff has had any case “dismissed as frivolous, as malicious, for failure to state a claim, or prior to service.” Id. at 14. Plaintiff checked the “yes” box on the form, and then listed one case, case number 3:23cv823, which he said was still pending in the United States District Court for the District of Connecticut. Id. That case was still pending (as of October 2025) and had not been dismissed; thus, it should not have been listed in response to Question A. Question C asks whether Plaintiff had “filed any other lawsuit, habeas corpus petition, or appeal in state or federal court either challenging your conviction or relating to the conditions of your confinement?” Id. at 15. Plaintiff again checked the “yes” box on the form. The complaint form states: “If ‘Yes,’ identify all lawsuits, petitions, an appeals.” Id. Plaintiff Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 3 of 8
Page 4 of 8 then listed one case, also in Connecticut. Id. at 16. Plaintiff said it was filed on August 21, 2023, and was still pending, but he did not provide other case information. Id. Plaintiff did not honestly list all of his litigation history. Judicial notice is taken of the fact that Plaintiff actually filed four cases in Connecticut. Case number 3:20cv01019, Rodriguez v. McCormick, et al., was filed on 07/21/2020 and dismissed on 06/21/2022 pursuant to a settlement and the filing of a joint stipulation of dismissal. Plaintiff also filed case number 3:21cv01071, Rodriguez v. McCormick, et al., on 08/06/2021; it was dismissed on 08/03/2022, also based on a joint stipulation of dismissal. Case number 3:22cv01261, Rodriguez v. Fox, et al., was filed on 10/13/2022 and was dismissed on 11/14/2022 for failure to comply with a court order. Plaintiff did not acknowledge filing those three cases; he only acknowledged the fourth and most recent case, case number 3:23cv823, which is still pending. 1 1 The Court has confirmed those cases were filed by Plaintiff as his address is in Florida Department of Corrections and his inmate identification number is T81827. One case, 3:20cv01019, uses inmate # 433178, which appears to be his number while incarcerated in Connecticut. That number and address, however, was also used by Plaintiff in case number 3:21cv01071. Plaintiff was transferred from Connecticut to Florida during the pendency of that case and he filed a notice of change of address and inmate number on February 22, 2022. ECF No. 33 of that case. Notably, case Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 4 of 8
Page 5 of 8 In addition to those three unreported cases, Plaintiff also filed five other cases in Florida which he did not disclose. Case number 5:17cv00131 was filed in the Northern District of Florida on 05/03/2017, and was dismissed on 10/26/2017 for failure to comply with a court order. Case number 3:17cv00531 was filed in the Middle District of Florida on 05/09/2017 and was dismissed on 05/22/2017 for failure to state a claim. That case should have been reported in response to Question A on the complaint form and counts as a “strike.” Plaintiff also filed case number 5:19cv00373 in this Court on 10/03/2019; it was dismissed on 07/13/2020 for failure to comply with a court order. Plaintiff’s fourth case was case number 4:20cv00319, filed in this Court on 06/17/2020 and dismissed on 08/24/2020 after Plaintiff filed a notice of voluntary dismissal. Finally, Plaintiff filed case number 8:18cv01308 in the Middle District of Florida on 06/01/2018; it was dismissed on 06/14/2018 for lack of jurisdiction. 3:23cv823 was filed in federal court pursuant to a notice of removal on June 23, 2023, and it is still pending. It is a civil case apparently challenging Plaintiff’s arrest, see ECF No. 1, and discovery is scheduled to close on January 12, 2026, with dispositive motions due by February 12, 2026. ECF No. 101 of that case. Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 5 of 8
Page 6 of 8 Plaintiff did not report eight cases. Despite Plaintiff being provided with an opportunity to show good cause why this case should not be dismissed, ECF No. 12, he did not respond. Plaintiff also did not file a notice of voluntary dismissal. Accordingly, it is recommended that this case be dismissed as malicious and an abuse of the judicial process pursuant to 28 U.S.C. § 1915(e) for Plaintiff’s failure to honestly disclose his litigation history. See Allen v. Santiago, No. 22-11946, 2023 WL 5745494, at *1 (11th Cir. Sept. 6, 2023) (holding that “district court did not abuse its discretion in dismissing Allen's complaint without prejudice because he failed to disclose all of his relevant prior litigation, and the court was within its discretion to dismiss as malicious because of that failure”); Redmon v. Lake Cty. Sheriff’s Office, 414 F. App’x 221, 226 (11th Cir. 2011) (holding that “district court was entitled to conclude that Plaintiff had abused the judicial process when he failed to” show good cause for not disclosing all prior lawsuits filed); Young v. Sec’y Florida for Dep’t of Corr., 380 F. App’x 939, 941 (11th Cir. 2010) (finding “district court did not abuse its discretion when it sanctioned Young for failing to disclose his prior cases.”); Attwood v. Singletary, 105 F.3d 610, 613 (11th Cir. 1997). Plaintiff did not properly Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 6 of 8
Page 7 of 8 complete the Court’s complaint form, failed to list all cases, and failed to explain that failure when given the chance to do so. This Court has “considerable discretion” in handling its docket, enforcing court rules, and dealing with a Plaintiff who does not respond to an Order to Show Cause. McNair v. Johnson, 143 F.4th 1301, 1308 (11th Cir. 2025) (finding “dismissal without prejudice . . . an appropriate exercise of the district court’s inherent authority to manage its docket and enforce the local rules”). In making this recommendation, the Court notes that if this case is dismissed as “malicious,” Plaintiff will incur a “strike” under 28 U.S.C. § 1915(g); that may, or may not, impact his ability to proceed with in forma pauperis status in the future. See McNair, 143 F.4th at 1310 (Brasher, concurring opinion); Daker v. Comm’r, Ga. Dep’t of Corr., 820 F.3d 1278, 1281, 1283-84 (11th Cir. 2016). Even so, dismissal should be “without prejudice,” meaning that Plaintiff can “simply refile his complaint in compliance with the court-approved form’s instructions” if he desires to do so. Daniels v. Culpepper, No. 22-12805-A, 2023 WL 4195782, at *1 (11th Cir. Apr. 12, 2023) (affirming dismissal of prisoner’s complaint as “malicious” for failing to disclose two prior cases). Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 7 of 8
Page 8 of 8 RECOMMENDATION In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff’s amended complaint, ECF No. 8, be DISMISSED for failure to prosecute and as malicious for failing to honestly disclose Plaintiff’s prior litigation history, and that his motion for a temporary restraining order, ECF No. 2, be DENIED. It is further RECOMMENDED that the Clerk of Court be directed to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). IN CHAMBERS at Tallahassee, Florida, on January 9, 2026. S/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party 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; 28 U.S.C. § 636. Case No. 4:25cv396-AW-MAF Case 4:25-cv-00396-AW-MAF Document 17 Filed 01/09/26 Page 8 of 8
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