ALLEN v. ROTTER et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SHER’MON A. ALLEN,
Plaintiff,
v. Case No. 5:24-cv-201-AW-MJF
ROTTER, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Having carefully considered the matter, I now adopt the report and
recommendation (ECF No. 34) and incorporate it into this order. Plaintiff did not
comply with a court order (he failed to respond to the motion to dismiss as directed)
and he failed to comply with the requirement to accurately disclose his litigation
history.
I have considered de novo the issues Plaintiff raised in his objections (ECF
No. 38). Plaintiff does not dispute the fact that he was required to disclose his
litigation history. And he does not dispute the fact that he did not do so fully and
accurately. He contends it was not in bad faith, though—that he relied on his memory
and not court records. But where there was uncertainty, he could have included that
on the form. Moreover, having recently had another case dismissed on this basis, see
ECF No. 1 at 11, he should have exercised great care.
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Plaintiff also says the magistrate judge did not consider lesser sanctions, but
that is incorrect. As the report and recommendation explains (in a section titled “No
Lesser Sanction Would Suffice”), something lesser would amount to no penalty at
all. I agree with the magistrate judge’s conclusion that “[i]nsofar as Plaintiff already
is incarcerated, a mere admonition or a finding of contempt would not deter Plaintiff
or other prisoners from making false representations to the court.” ECF No. 34 at
13.
Finally, Plaintiff says any dismissal should be without prejudice. I agree, as
did the magistrate judge. See id. at 14. I also note that there is no apparent statute-
of-limitations issue with Plaintiff’s refilling: he complains of conduct that occurred
in late 2022.
The motion to dismiss (ECF No. 29) is GRANTED. The clerk will enter a
judgment that says, “This case is dismissed without prejudice for Plaintiff’s failure
to disclose honestly and accurately his litigation history.” The clerk will then close
the file.
SO ORDERED on January 8, 2026.
s/ Allen Winsor
Chief United States District Judge
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