GRANTLEY v. BALTZELL et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DERRICK GRANTLEY,
Plaintiff,
v. Case No. 3:25-cv-1881-TKW-ZCB
M. BALTZELL, et al.,
Defendants.
/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 16) and Plaintiff’s objection (Doc. 21). The Court reviewed
the issues raised in the objection de novo under 28 U.S.C. §636(b)(1) and Fed. R.
Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate
judge’s determination that this case should be dismissed based on Plaintiff’s failure
to fully disclose his litigation history as required by the court-mandated complaint
form. See McNair v. Johnson, 141 F.4th 1301, 1308 (11th Cir. 2025).
The Court did not overlook Plaintiff’s argument that he should be excused
from providing a complete answer to the litigation history question because he is in
“imminent danger of serious physical injury” and he satisfied the purpose of the
question by reporting that he had three prior “strikes.” That argument is not
persuasive because there is no “imminent danger exception” to a party’s obligation
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to provide full and complete information to the Court. Also, as the magistrate judge
explained, the litigation history question not only enables the Court to determine if
the plaintiff is a “three striker,” but it also allows the Court to determine whether the
suit is related to another pending case or if any of the issues raised in the complaint
have been raised or decided in a prior case. See Doc. 16 at 7 (explaining that “[t]hese
purposes are thwarted, and the efficiency of the judicial system [is] diminished,
when a prisoner misstates his litigation history on the complaint form.”)
Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this Order.
2. This case is DISMISSED without prejudice under the Court’s inherent
authority based on Plaintiff’s failure to fully disclose his litigation history.
3. The Clerk enter judgment in accordance with this Order and close the
case file.
DONE AND ORDERED this 2nd day of March, 2026.
__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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