Hoskins v. Dart

Dist. Ct. did not err in dismissing with prejudice five section 1983 lawsuits filed by plaintiff-prisoner as sanction for plaintiff's failure to disclose existence of three other federal pending actions on certain court-issued form. Said form in each of instant five cases warned plaintiff that failure to list all lawsuits that plaintiff had filed could result in dismissal of his case, and Dist. Ct. could properly find that defendant's failure to disclose three other cases that had been pending at time plaintiff had filed instant five cases constituted fraudulent misrepresentation of his litigation history, where defendant did not deny having read said warning. Moreover, Dist. Ct. was not required to accept plaintiff's explanation that his omission was innocent even though he claimed that he was only following advice of another inmate to ignore instant request for his litigation history.