3:26-cv-00942•LOGSDON v. QUINN et al
Testo completo
1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION RICHARD ALBERT LOGSDON, Plaintiff, v. Case No. 3:26cv942/AW/ZCB WARDEN QUINN, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff is a Florida prisoner who filed a pro se civil rights complaint under 42 U.S.C. § 1983. (Doc. 1). Having reviewed the complaint, the Court believes dismissal is warranted because Plaintiff has not accurately disclosed his litigation history despite being required to do so. The Local Rules for the Northern District of Florida require pro se prisoners in civil rights cases to file such cases using the Court-approved complaint form. See N.D. Fla. Loc. R. 5.7(A). The complaint form requires the disclosure of a prisoner’s litigation history. The form must be signed under penalty of perjury. The Eleventh Circuit has held that a prisoner’s case may be dismissed without prejudice for failing to accurately disclose litigation history on the complaint form. See McNair Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 1 of 8
2 v. Johnson, 143 F.4th 1301, 1307-08 (11th Cir. 2025) (affirming “[d]ismissal without prejudice [as] an appropriate exercise of the district court’s inherent authority to manage its docket and enforce the local rules” where the plaintiff “violated the local rules by failing to disclose his full litigation history, as required by the duly adopted standard complaint form”).1 Dismissal is appropriate, even if the prisoner claims that his failure to accurately disclose his litigation history was caused by a misunderstanding or lack of memory. See Beshears v. Marion Cnty. Bd. of Cnty. Comm’rs, 2020 WL 5949790, at *2 (11th Cir. Apr. 20, 2020) (“The District Court acted within its discretion in finding that Mr. Beshears’s 1 There are a lot of unpublished Eleventh Circuit cases that say the same thing. See, e.g., Allen v. Santiago, No. 22-11946, 2023 WL 5745494, at *1 (11th Cir. Sept. 6, 2023) (affirming dismissal of pro se plaintiff’s case because he failed to disclose all of his relevant prior litigation); Kendrick v. Sec’y, Fla. Dep’t of Corr., No. 21-12686, 2022 WL 2388425, at *3 (11th Cir. July 1, 2022) (stating that “[a] plaintiff’s bad-faith litigiousness or manipulative tactics, which include lying about one’s litigation history, warrant[s] dismissal”); Jones v. Szalai, 778 F. App’x 847, 848 (11th Cir. 2019) (affirming dismissal of pro se plaintiff’s case as an appropriate sanction for plaintiff’s failing to disclose a prior case on the complaint form); Strickland v. United States, 739 F. App’x 587, 588 (11th Cir. 2018) (affirming dismissal of pro se plaintiff’s case because he misrepresented the number of cases he had previously filed in the district court); Wynn v. Postal Serv., 735 F. App’x 704, 705 (11th Cir. 2018) (affirming dismissal of pro se plaintiff’s case after he failed to disclose a habeas action because the habeas action fell “squarely within the complaint form’s disclosure requirements”). Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 2 of 8
3 explanation for his failure to disclose this information—…that he suffered from memory loss—was not a credible or persuasive reason for failing to disclose his numerous other lawsuits.”); Redmon v. Lake Cnty. Sheriff’s Office, 414 F. App’x 221, 226 (11th Cir. 2011) (affirming dismissal for failure to disclose litigation history and concluding that prisoner’s failure was not excused by his claimed misunderstanding of the form). Here, the complaint form required Plaintiff to disclose information regarding prior civil cases he had filed in state and federal courts. (Doc. 1 at 13-17).2 Question A of the Prior Litigation section asked Plaintiff if he had “any case in federal court, including federal appellate court, dismissed as frivolous, as malicious, for failure to state a claim, or prior to service?” (Id. at 14). Plaintiff answered “Yes” in response to Question A and disclosed five federal district court cases: • No. 5:24-cv-330-MSS-PRL (M.D. Fla.), • No. 5:24-cv-183-PGB-PRL (M.D. Fla.), • No. 3:15-cv-815-MMH-PDB (M.D. Fla.), • No. 3:16-cv-599-BJD-J_K (M.D. Fla.), and • No. 8:06-cv-1244-JSM-TBM (M.D. Fla.). 2 The Court refers to the page numbers automatically assigned by the Court’s electronic filing system. Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 3 of 8
4 (Id. at 14-15). Questions B and C of the Prior Litigation section asked Plaintiff other questions about his litigation history. Plaintiff answered “No” to Question B and “Yes” to Question C. (Doc. 1 at 16). In response to Question C, Plaintiff disclosed four more federal district court cases: • No. 5:24-cv-470-JLB-PRL (M.D. Fla.), • No. 5:23-cv-215-TPB-PRL (M.D. Fla.), • No. 5:24-CV-648-SDM-PRL (M.D. Fla.), and • No. 5:24-cv-521-SDM-PRL (M.D. Fla.). (Id. at 17). At the end of the complaint form, Plaintiff signed his name after the following certification: “I declare, 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 to the best of my knowledge.” (Id. at 18-19). Plaintiff, therefore, certified that—at the time he filed his complaint on January 30, 2026—he had fully disclosed his litigation history. The Court has researched Plaintiff’s litigation history and discovered that he failed to accurately disclose it. According to the Court’s Case Management/Electronic Case Filing (CM/ECF) system, Plaintiff filed the following undisclosed federal appeal before filing his Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 4 of 8
5 complaint: • Logsdon v. Woods, et al., Case No. 24-13648 (11th Cir.) (filed on October 29, 2024 and dismissed as frivolous on March 28, 2025). How does the Court know that this Richard Logsdon and the Richard Logsdon who filed the listed appeal are the same person? Plaintiff disclosed the underlying district court case, Logsdon v. Woods, et al., No. 5:23cv215-TPB-PRL (M.D. Fla.). (Doc. 1 at 17). Because the federal appeal listed above was dismissed as frivolous, it should have been disclosed in response to Question A of the litigation history section of Plaintiff’s complaint. (Doc. 1 at 14). Plaintiff failed to reference that appeal anywhere in his complaint. The prior litigation section of the complaint form serves important purposes. First, it permits efficient consideration of whether the prisoner is entitled to pursue the current action under the Prison Litigation Reform Act’s “three strikes” provision. Second, it allows the Court to determine whether an action is related to, or otherwise should be considered in conjunction with, another lawsuit. Third, it enables the Court to determine whether any issues raised in the current action have Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 5 of 8
6 been previously decided by another judge. These purposes are thwarted, and the efficiency of the judicial system diminished, when a prisoner misstates his litigation history on the complaint form. Plaintiff’s pro se status does not excuse him from following the rules, including the requirement that litigants be truthful with the Court. See McNair, 143 F. 4th at 1307 (stating that “[a]lthough a pro se litigant’s filings are construed liberally, they must comply with procedural rules.”); see also Kendrick v. Sec’y, Fla. Dep’t of Corr., No. 21-12686, 2022 WL 2388425, at *3 (11th Cir. July 1, 2022) (stating that pro se litigants “owe the same duty of candor to the court as imposed on any other litigant”). The undersigned agrees with another judge on this Court who stated the following: “If 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 purpose. And word does get around the prisons.” Rodriguez v. Inch, No. 4:19cv191, 2020 WL 3050231, at *1 (N.D. Fla. June 7, 2020) (Hinkle, J.); see also Strickland, 739 F. App’x at 588 (“A sanction less than dismissal would signal that a failure to disclose filings is an Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 6 of 8
7 infraction without consequence. It would invite other prisoners to omit their litigation history, thus draining the judicial system’s time and resources.”). As detailed above, Plaintiff misstated his prior litigation history on the complaint form that the Local Rules required him to use. Consistent with the Eleventh Circuit precedent previously cited, this matter should be dismissed without prejudice.3 See McNair, 143 F.4th at 1307-08 (affirming dismissal without prejudice where pro se prisoner failed to accurately disclose his litigation history as required by the Court- approved complaint form and the Local Rules); Wromas v. Barker, No. 3:25CV891-MW/ZCB, 2025 WL 1953112, at *1 (N.D. Fla. July 16, 2025) (dismissing prisoner complaint without prejudice “pursuant to this Court’s inherent authority to manage its docket and enforce the local rules, based on Plaintiff’s failure to truthfully disclose his prior litigation 3 Providing Plaintiff an opportunity to amend his complaint to disclose the previous lawsuit would be an inadequate sanction. See Young v. Sec’y for Dep’t of Corr., 380 F. App’x 939, 940-41 (11th Cir. 2010) (holding that district court did not abuse its discretion by not providing a prisoner with an opportunity to amend his complaint to disclose lawsuits that should have been disclosed initially); see also Rodriguez, 2020 WL 3050231, at *1 (stating that “dismissal without prejudice is not too severe a sanction” for failing to accurately disclose litigation history). Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 7 of 8
8 history”); see also N.D. Fla. Loc. R. 5.7(A) (requiring pro se parties to file civil rights complaints using a Court-approved form); N.D. Fla. Loc. R. 41.1 (allowing the Court to dismiss claims for a party’s failure to comply with an applicable rule or order). Accordingly, it is respectfully RECOMMENDED that: 1. This case be DISMISSED without prejudice under the Court’s inherent power to manage its docket and enforce the Local Rules, based on Plaintiff’s failure to truthfully disclose his litigation history. 2. The Clerk of Court be directed to enter judgment accordingly and close this case. At Pensacola, Florida, this 9th day of March 2026. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice to the Parties Objections to these proposed findings and recommendations must be filed within fourteen 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 the objections on 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 unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:26-cv-00942-AW-ZCB Document 6 Filed 03/09/26 Page 8 of 8
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