CRAFT v. CENTERION OF FLORIDA LLC et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
EARL CRAFT,
Plaintiff,
v. 	Case No. 1:26cv17-TKW-HTC
CENTERION OF FLORIDA LLC, et al.,
Defendants.
______________________________/
REPORT AND RECOMMENDATION
Plaintiff Earl Craft, a prisoner proceeding pro se and in forma pauperis, filed
a civil rights complaint under 42 U.S.C. § 1983 alleging deliberate indifference to
his medical needs. Doc. 1. After reviewing Craft’s complaint and litigation history,
the undersigned recommends this case be dismissed without prejudice because Craft
failed to truthfully disclose his litigation history.
Section VIII.A. of the complaint form, titled “PRIOR LITIGATION,” asks
Craft to identify any federal cases he previously filed which were dismissed prior to
service or for failure to state a claim. See Doc. 1 at 17. The form specifically advised
Craft to “err on the side of caution” and warned him that a failure to disclose “all
prior state and federal cases” “may result in a dismissal of this case.” Id.
Based on an independent investigation, the Court takes judicial notice of the
following case filed by Craft, which was dismissed prior to service for failure to state
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Case No. 1:26cv17-TKW-HTC
a claim: Craft Jr. v. Boshek, et al., 8:23-cv-02877 (M.D. Fla.) (“Because a more
carefully drafted complaint could not state a claim, Craft’s complaint (Doc. 1) is
DISMISSED with prejudice. 28 U.S.C. § 1915A(b).”). 	This case was filed while
Craft was detained in the Pinellas County Jail under inmate number 1850138. This
Court has previously found that Pinellas County Jail inmate number 1850138 is the
same Earl Craft who is FDOC inmate number R25059. 	See Craft v. Centurion of
Fla. LLC, No. 1:25-CV-236-MW-MJF, 2025 WL 3559098 at *2 (N.D. Fla. Nov. 18,
2025), report and recommendation adopted, No. 1:25CV236-MW-MJF, 2025 WL
3557221 (N.D. Fla. Dec. 11, 2025). 	Craft failed to disclose this case on the
complaint form.
Despite this omission, Craft signed the complaint “under penalty of perjury,
that all of the information stated above and included on or with this form, including
my litigation history, is true and correct.” 	Id. at 21-22. 	District courts have the
inherent power to dismiss a suit based on a plaintiff’s failure to truthfully disclose
his litigation history. See McNair v. Johnson, 143 F.4th 1301, 1308 (11th Cir. 2025).
As one judge in this District has stated, “[i]f the requirement for prisoner plaintiffs
to disclose their prior lawsuits is to serve its purpose, a plaintiff must provide
accurate information. If word got around the prisons that inaccurate or incomplete
information could be provided with no effective sanction, the form would serve little
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Case No. 1:26cv17-TKW-HTC
purpose.” Rodriguez v. Inch, et al., No. 4:19cv191-RH-HTC, Doc. 52 at 1–2 (N.D.
Fla. June 7, 2020).
Accordingly, it is RECOMMENDED:
1. 	That this case be DISMISSED WITHOUT PREJUDICE under this
Court’s inherent power for Plaintiff’s failure to truthfully disclose his litigation
history.
2. 	That the clerk be directed to close the file.
At Pensacola, Florida, this 20 th day of January, 2026.
/s/ Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within
fourteen (14) days of the date of the Report and Recommendation. Any different
deadline that may appear on the electronic docket is for the court’s internal use only
and does not control. An objecting party must serve a copy of its objections upon
all other parties. A party who fails to object to the magistrate judge’s findings or
recommendations contained in a report and recommendation waives the right to
challenge on appeal the district court’s order based on the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1.
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