ESTRADA v. FLORIDA DEPARTMENT OF CORRECTIONS et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ALBERT ESTRADA,
Plaintiff,
v. Case No. 3:25-cv-2458-AW-ZCB
FLORIDA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Having carefully considered the matter, I now adopt the report and
recommendation (ECF No. 14) and incorporate it into this order. I have considered
de novo the issues raised in Plaintiff’s objections (ECF No. 17).1
As the magistrate judge explains, Plaintiff did not fully and accurately
disclose his prior litigation on the court’s form. Instead, he certified under oath that
he had none. He says now he lacked the details because he did not have all his files.
But that does not excuse his not providing any information he did have, while
1 This document was titled “Notice of Appeal” and purported to appeal to the
“First District Court of Appeal.” I have treated it as an objection to the magistrate
judge’s report and recommendation. That report and recommendation was not a final
order, and the proper way to challenge it was to file objections for the district judge
to consider. I have treated it accordingly. After the final judgment issues (which
should be contemporaneous with this order), Plaintiff will have an opportunity to
file a notice of appeal as to that judgment. The notice would be filed in this court,
but the appeal would be to the United States Court of Appeals for the Eleventh
Circuit.
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explaining what was missing and why. It certainly did not excuse his stating under
oath something that was false. Under these circumstances, I agree with the
magistrate judge that dismissal without prejudice is appropriate. See McNair v.
Johnson, 143 F.4th 1301, 1307-08 (11th Cir. 2025) (affirming dismissal in similar
circumstances).
The clerk will enter a judgment that says, “This case is dismissed without
prejudice based on Plaintiff’s failure to comply with the court’s local rules and
failure to disclose litigation history.” The clerk will then close the file.
SO ORDERED on March 16, 2026.
s/ Allen Winsor
Chief United States District Judge
Case 3:25-cv-02458-AW-ZCB Document 18 Filed 03/16/26 Page 2 of 2