Dan Schmidt v. Krista Navarro

Dan Schmidt, a pro se state prisoner proceeding informa pauperis, appeals the sua sponte dismissal of his 42 U.S.C. § 1983 complaint. The district court dismissed Schmidt’s complaint without prejudice “as malicious under 28 U.S.C. § 1915(e)(2)(B)® for [Schmidt’s] abuse of the judicial process.” Specifically, the district court dismissed Schmidt’s complaint as a sanction for his failure to disclose two prior federal actions on his standard prisoner complaint form. On appeal, Schmidt argues that the district court abused its discretion because his omissions were unintentional. After review, we…