Ausborn v. Newsom et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Randy Ausborn’s § 1983 action without prejudice for abuse of the judicial process. The recommendation is based on Ausborn’s alleged misrepresentation of his prior litigation history and his failure to respond to an order to show cause. The document also orders the Clerk to randomly assign the case to a district judge and gives the parties 14 days to file objections.

Holdings

1. A prisoner's misrepresentation of his prior litigation history in a complaint signed under penalty of perjury may constitute fraud on the court and abuse of the judicial process supporting dismissal under the court's inherent authority and Rule 11.
2. Because Plaintiff failed to respond to the order to show cause after being warned that nonresponse could result in dismissal, the action should be dismissed without prejudice for abuse of the judicial process.

Questions Presented

1. Whether a prisoner's alleged misrepresentation of his prior litigation history, made under penalty of perjury, may constitute abuse of the judicial process or fraud on the court warranting dismissal.
2. Whether dismissal without prejudice is appropriate after the plaintiff fails to respond to an order to show cause concerning the alleged misrepresentation.

Disposition

other