3:25-cv-00890•WILSON v. FLORES
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION BRENT L. WILSON, Plaintiff, vs. Case No.: 3:25cv890/MCR/ZCB R. FLORES, Defendant. / REPORT AND RECOMMENDATION This is a pro se prisoner civil rights case filed under 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion to dismiss the amended complaint. (Doc. 33). The Court afforded Plaintiff an opportunity to respond to the motion to dismiss. (Doc. 35).1 Because 1 Plaintiff did not receive the Court’s order because it was returned to the Court as undeliverable. (Doc. 36). Plaintiff has been released from the FDOC, and he did not inform the Court of his new address nor has Plaintiff otherwise communicated with the Court since his release. (Id.). Plaintiff’s failure to keep the Court apprised of his address would itself be grounds for dismissal of this action. See Brown v. Powell, No. 3:21cv2921, 2022 WL 1229315, at *1-2 (N.D. Fla. Mar. 7, 2022) (dismissing case because pro se litigant failed to keep the Court apprised of his mailing address). Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 1 of 10
2 Plaintiff failed to exhaust his administrative remedies before filing this lawsuit, the motion to dismiss should be granted. I. Background Plaintiff was incarcerated in the Florida Department of Corrections (FDOC) when he filed his § 1983 complaint. (Doc. 1). His amended complaint alleges he is a follower of Yahweh and required to maintain facial hair. (Doc. 11 at 11). Plaintiff alleges on March 21, 2025, Defendant Flores, the Warden at Century Correctional Institution, ordered him to shave off his beard and moustache even though they were less than ½-inch in compliance with the FDOC’s grooming policy. (Id. at 5-8); Fla Admin. Code R. 33-602.101(4).2 Plaintiff brings a First Amendment claim against Warden Flores for violating his right to freely exercise his religion. (Id. at 9, 11). He seeks punitive damages. (Id.). 2 The FDOC’s grooming policy provides: All inmates shall elect either to be clean shaven or to grow and maintain a half-inch beard….Those male inmates who desire to remain clean shaven shall be clipper shaved three times per week, and those inmates who desire to grow a half- inch beard shall have their beards trimmed three times per week with a clipper fitted with a half-inch guard. Fla. Admin. Code R. 33-602.101(4). Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 2 of 10
3 Defendant has moved to dismiss, arguing that Plaintiff failed to exhaust his administrative remedies. (Doc. 33 at 3-14). For the reasons below, the Court agrees with Defendant.3 II. The Exhaustion Requirement Under the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a), a prisoner must exhaust administrative remedies before bringing an action in federal court. Porter v. Nussle, 534 U.S. 516, 520 (2002). To exhaust, a prisoner must complete the administrative process using the prison’s grievance procedures. Jones v. Bock, 549 U.S. 199, 218 (2007). Proper exhaustion requires compliance with the prison’s “deadlines and other critical procedural rules.” Geter v. Baldwin State Prison, 974 F.3d 1348, 1354 (11th Cir. 2020). Failure to exhaust is an affirmative defense that defendants may bring in a motion to dismiss. Whatley v. Warden, Ware State Prison, 802 F.3d 1205, 1209 (11th Cir. 2015). There is a two-step framework that governs such motions to dismiss. Turner v. Burnside, 541 F.3d 1077, 3 Because dismissal is warranted for failure to exhaust, it is unnecessary to address Defendant’s alternative arguments. (Doc. 33 at 14-32). Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 3 of 10
4 1082-83 (11th Cir. 2008). Under the first step, the Court must “look to the factual allegations in the motion to dismiss and those in the prisoner’s response and accept the prisoner’s view of the facts as true.” Whatley, 802 F.3d at 1209. If the facts as stated by the prisoner show a failure to exhaust, then the case should be dismissed at step one. Id. Where dismissal is not warranted on the prisoner’s view of the facts, it is necessary to proceed to step two. Id. There, “the court makes specific findings to resolve disputes of fact, and should dismiss if, based on those findings, defendants have shown a failure to exhaust.” Id. “To make these specific findings, courts should . . . look outside [of] the pleadings[,]” ensuring the parties have had sufficient opportunity to develop the record. Jenkins v. Sloan, 826 F. App’x 833, 838 (11th Cir. 2020). A district court need not hold an evidentiary hearing when none has been requested and instead may rely on the papers submitted by the parties. Zavala v. Ward, No. 21-10989, 2024 WL 510011, at *4 (11th Cir. Feb. 9, 2024). As an FDOC prisoner, Plaintiff was required to exhaust his First Amendment claim under the grievance procedure set forth in § 33-103 of Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 4 of 10
5 the Florida Administrative Code. Bracero v. Sec’y, Fla. Dep’t of Corr., 748 F. App’x 200, 202 (11th Cir. 2018). That grievance procedure has three layers: (1) the inmate files an informal grievance within twenty days of the incident; (2) if the grievance is not resolved informally, then the inmate files a formal grievance at the institutional level within fifteen days from the date the informal grievance was responded to; and (3) if the inmate is unhappy with the formal grievance response, then the inmate appeals to the FDOC Secretary/Central Office within fifteen days of the response to the formal grievance. Fla. Admin. Code Ann. r. 33- 103.005-007, 011 (2018). III. Discussion Defendant has moved to dismiss based on failure to exhaust. Consistent with the discussion above, the Court will first “look to the factual allegations in the motion to dismiss and those in the prisoner’s response and accept the prisoner’s view of the facts as true.” Whatley, 802 F.3d at 1209. The Court will then determine “if the facts as stated by the prisoner show a failure to exhaust.” Id. Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 5 of 10
6 In the motion to dismiss, Defendant argues that Plaintiff filed informal and formal grievances and an administrative appeal regarding Defendant Flores’ requiring him to shave, but none of those filings mentioned any implication of Plaintiff’s religious practice or First Amendment rights. Instead, they grieved only Warden Flores’ alleged failure to follow the FDOC’s grooming policy. In support of that argument, Defendant has provided copies of two informal grievances and one formal grievance. (Doc. 33-1 at 3-5, 7-11). Defendant also provided a declaration from Century C.I.’s grievance coordinator, Jennifer Day, and a declaration from the Bureau Chief of the FDC’s Bureau of Policy Management and Inmate Appeals, Alan McManus. (Doc. 33-1 at 1; Doc. 33-2 at 1-2). Plaintiff’s amended complaint attached the same grievances and administrative appeal that Defendant relies on. (Doc. 11 at 6; Doc. 11- 1). Because under Plaintiff’s version of the facts, he failed to exhaust his administrative remedies on the alleged violation of his constitutional right to freely exercise his religion, dismissal is warranted at step one of the Turner analysis. See Bracero, 748 F. App’x at 202 (explaining that Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 6 of 10
7 dismissal is warranted “if the facts as stated by the prisoner show a failure to exhaust”). To sufficiently exhaust administrative remedies, an inmate's grievances—and any appeals of denied grievances—must provide the FDOC with notice of the issue for which an inmate seeks a remedy. See Maldonado v. Unnamed Defendant, 648 F. App’x 939, 953 (11th Cir. 2016); Harvard v. Inch, 411 F. Supp. 3d 1220, 1244 (N.D. Fla. 2019) (explaining that a standard “akin to notice pleading” is appropriate when determining whether a Florida inmate’s grievances contained sufficient details to exhaust administrative remedies). A prisoner-plaintiff is not required to present specific legal theories or identify specific constitutional provisions in his grievance. See Johnson v. Johnson, 385 F.3d 503, 517-18 (5th Cir. 2004); Goldsmith v. White, 357 F. Supp. 2d 1336, 1339 (N.D. Fla. 2005); Maldonado, 648 F. App’x at 953. But he must provide sufficient information to alert the prison officials to the problem so that prison officials may address it. See Jones, 549 U.S. at 219 (citing Johnson, 385 F.3d at 518); Johnson v. Meadows, 418 F.3d 1152, 1158 (11th Cir. 2005) (explaining that the purpose of exhaustion is Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 7 of 10
8 to provide prison officials “an opportunity to address the grievance internally and rule on the grievance before the inmate files a complaint in federal court”). Here, Plaintiff’s grievances told officials that Warden Flores required him to shave off his beard on March 21, 2025, even though it was less than one-half inch long. Plaintiff did not, however, tell officials that the warden’s requiring him to shave violated his religious beliefs. Put another way, Plaintiff’s grievances gave prison officials notice that there was a problem with the warden requiring him to shave, but his grievances did not give them notice that the shaving requirement impacted his religious beliefs. Indeed, Plaintiff’s grievances gave no indication that the problem was religious-based at all. For this reason, Plaintiff did not exhaust his First Amendment free exercise claim. See Johnson, 385 F.3d at 518, 523 (holding that plaintiff did not exhaust his race-based equal protection claims because his grievances gave prison officials notice that there was a problem with protection from sexual assaults but did not give notice that there was a race-related problem); see also Goldsmith v. White, 357 F. Supp. 2d 1336, 1337, 1340-41 (N.D. Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 8 of 10
9 Fla. 2005) (holding that prisoner failed to exhaust claim of discrimination based on sexual orientation where he filed grievances contesting an officer’s confiscation of his contact lenses, but his grievances made no mention of his sexual orientation or of the claim that his sexual orientation was the reason for the taking of his contact lenses).4 Defendant has carried his burden of establishing that Plaintiff failed to exhaust his administrative remedies. Because Defendant has met this burden, his motion to dismiss should be granted and Plaintiff’s 4 See also Stallworth v. Williams, No. 5:17cv306, 2024 WL 1364766, at *7 (N.D. Fla. Feb. 28, 2024), adopted 2024 WL 1348387, at *1 (N.D. Fla. Mar. 28, 2024) (holding that plaintiff’s formal grievance and administrative appeal concerning dirty food trays which caused him to be sick did not provide notice of plaintiff’s retaliation claims because plaintiff did not allege that defendants were retaliating or that they refused to provide a clean tray because plaintiff had filed grievances); Gordon v. Stalder, No. 06-1389-P, 2008 WL 11336236, at *5 (W.D. La. Mar. 3, 2008) (holding that prisoner did not exhaust claim that medical staff denied him treatment for Hepatitis B based on his race where his grievances asserted he was repeatedly denied medical treatment for his condition but never mentioned racial discrimination or race); Curtis v. Solomon, No. 5:04cv387, 2006 WL 1653608, at *2-4 (N.D. Fla. June 7, 2006) (holding that prisoner did not exhaust claim that prison officials retaliated against him for filing grievances related to dental care where prisoner made brief references to retaliation in his institutional level grievances but never made any reference to retaliation in his appeals to the FDOC Secretary). Case 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 9 of 10
10 amended complaint dismissed without prejudice for failure to exhaust. IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Defendant’s motion to dismiss (Doc. 33) be GRANTED and this matter be DISMISSED without prejudice for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a). 3. The Clerk of Court be directed to close this case. At Pensacola, Florida this 6th day of March 2026. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice to the Parties Objections to the proposed findings and recommendations set forth above must be filed within fourteen days of the date of this 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 3:25-cv-00890-MCR-ZCB Document 37 Filed 03/06/26 Page 10 of 10
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