Opinion

VARNELL

Court
District Court, N.D. Florida
Filed
Jun 15, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JERRY DRAKE VARNELL,

Plaintiff,

v. Case No. 5:25-cv-362-TKW-MJF

UNITED STATES OF AMERICA, et al.,

Defendants.

/

ORDER

This case is before the Court based on the magistrate judge’s Report and

Recommendation (R&R) (Doc. 23) and Plaintiff’s “Motion in Response to Proposed

Findings and Recommendations” (Doc. 25). The Court will treat Plaintiff’s motion

as an objection to the R&R.

The Court reviewed the issues raised in the objection de novo under 28 U.S.C.

§636(b)(1) and Fed. R. Civ. P. 72(b)(3) and based on that review, 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, 141 F.4th 1301, 1308 (11th Cir. 2025).

The Court did not overlook Plaintiff’s argument that his failure to list the

omitted case in response to Question VIII.C was an honest mistake because he did

not think that term “lawsuit” encompassed a §2255 case. That argument has been

rejected in prior cases, see Brown v. Foskey, 2024 WL 3497939, at *1 (N.D. Fla.

July 22, 2024) (citing cases), and it is not persuasive here because Plaintiff does not

argue that he did not realize that a §2255 case is akin to a habeas petition and

Question VII.C. specifically required Plaintiff to list “habeas corpus petition[s] ...

challenging [his] conviction.”

Accordingly, it is ORDERED that:

1. The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in 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. The Clerk shall enter judgment in accordance with this Order and close

the case file.

DONE AND ORDERED this 15th day of June, 2026.

fe

T.KENT WETHERELL,

UNITED STATES DISTRICT JUDGE

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