DOTSON v. BLANCHARD et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DANIEL RAY DOTSON,
Plaintiff,
v. Case No. 3:26-cv-4962-TKW-ZCB
OFFICER BLANCHARD, et al.,
Defendants.
_________________________________/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 7) and Plaintiff’s objections (Doc. 11). Upon de novo
review of the issues raised in the objections, the Court agrees with the magistrate
judge’s determination that this case should be dismissed based on Plaintiff’s failure
to truthfully disclose his litigation history. See McNair v. Johnson, 143 F.4th 1301,
1307–08 (11th Cir. 2025).
The Court did not overlook Plaintiff’s argument that his failure to fully
disclose his litigation history was unintentional and that the Court should accept his
proposed amended complaint (Doc. 11) that purportedly includes a complete listing
of his litigation history. However, “allowing Plaintiff to amend his complaint at this
point would amount to no penalty for his inexcusable failure to disclose his litigation
history and would not serve as a deterrent to Plaintiff and others from falsely
Case 3:26-cv-04962-TKW-ZCB Document 14 Filed 10/13/26 Page 1 of 3

2
answering the questions on the civil rights complaint form.” Merritt v. Dep't of
Corr., 2020 WL 6703794, at *1 (N.D. Fla. Nov. 13, 2020); see also Wromas v.
Cromartie, 2022 WL 1450704, at *1 (N.D. Fla. May 9, 2022) (citing multiple cases
for the proposition that “[t]he Court cannot simply allow [the prisoner] to file an
amended complaint listing the omitted case because that would not be an adequate
sanction or deterrent”). Thus, if Plaintiff wants to pursue the claims in the proposed
amended complaint, he will need to file a new action.1
Accordingly, it is ORDERED that:
1. The Report and Recommendation is adopted and incorporated by
reference into this Order.
2. This case is DISMISSED without prejudice under the Court’s inherent
authority based on Plaintiff’s failure to truthfully disclose his litigation history.
3. All pending motions are DENIED as moot.
4. The Clerk shall enter judgment in accordance with this Order and close
the case file.
1 If Plaintiff files a new action, he will need to list this case (along with all others) in
response to the litigation history questions on the complaint form.
Case 3:26-cv-04962-TKW-ZCB Document 14 Filed 10/13/26 Page 2 of 3

3
DONE and ORDERED this 13th day of October, 2026.
_________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
Case 3:26-cv-04962-TKW-ZCB Document 14 Filed 10/13/26 Page 3 of 3