LEE v. SHIELDS et al

1
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
THEOPHILUS LEE, JR.,
Plaintiff,
v. Case No. 3:25-cv-1819-AW-ZCB
SGT. SHIELDS, et al.,
Defendants.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Having carefully considered the magistrate judge’s report and
recommendation (ECF No. 7), and having carefully considered de novo the issues
raised in Plaintiff’s objections (ECF No. 8), I now adopt the report and
recommendation and incorporate it into this order.
As the magistrate judge notes, Plaintiff did not accurately disclose his
litigation history. This warrants dismissal without prejudice for the reasons the
magistrate judge explains. Plaintiff says in his objection that he “didn’t know a
§ 2254 habeas corpus was considered as filing a lawsuit.” ECF No. 8. But the
question on the complaint form asks if the filer has “filed any other lawsuit, habeas
corpus petition, or appeal . . . challenging [his] conviction.” ECF No. 6 at 12. It
clearly covers habeas petitions and does not require the filer to determine whether a
habeas corpus petition is a “lawsuit.” At any rate, Plaintiff left the question blank
rather than answering “no,” which is what one would do if he thought his previous
Case 3:25-cv-01819-AW-ZCB Document 9 Filed 12/09/25 Page 1 of 2

2
action was not a “lawsuit, habeas corpus petition, or appeal.” The bottom line is that
dismissal is appropriate. Because the dismissal is without prejudice, and because the
statute of limitation has not run (Plaintiff alleges a beating on March 4, 2025, see
ECF No. 6 at 5), Plaintiff may file a new action that complies with the court’s local
rules.
The clerk will enter a judgment that says, “This case is dismissed without
prejudice based on the court’s inherent power to manage its docket and enforce the
Local Rules and based on Plaintiff’s failure to truthfully disclose his litigation
history.” The clerk will then close the file.
SO ORDERED on December 9, 2025.
s/ Allen Winsor
Chief United States District Judge
Case 3:25-cv-01819-AW-ZCB Document 9 Filed 12/09/25 Page 2 of 2