Opinion

Simpkins

Court
District Court, M.D. Florida
Filed
Apr 14, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

LEONARDO SIMPKINS,

Plaintiff,

v. Case No. 5:26-cv-246-KCD-PRL

STATE OF FLORIDA,

MICHAEL JOHNSON,

EDWARD SCOTT,

MCCATHERIAN, and

WISSINGER,

Defendants.

/

ORDER

Plaintiff Leonardo Simpkins, an inmate of the Florida state penal

system, filed this action through a pro se Complaint for Violation of Civil

Rights. (Doc. 1.) Upon review of his filing, however, it is unclear what type of

action he seeks to bring. Simpkins alleges violations his Fourth, Fifth, Sixth,

Eighth, and Fourteenth Amendment rights as well as violations of the Ku Klux

Klan Act (id. at 3–4), but he also appears to challenge his 2007 state court

conviction (id. at 4–5). As for relief, Simpkins asks the Court to invalidate his

illegal sentence and release him with a full pardon after review of his state

court case. He also requests federal habeas corpus forms stating that the state

trial court has banned him from filing. (Id. at 5.) To the extent Simpkins seeks

to pursue a civil rights action, this case is due to be dismissed without

prejudice. Simpkins has failed to pay the filing fee and is barred from

proceeding in forma pauperis under 28 U.S.C. § 1915(g).

The Prison Litigation Reform Act (“PLRA”) amended 28 U.S.C. § 1915

by adding the following subsection:

(g) In no event shall a prisoner bring a civil action or appeal a

judgment in a civil action or proceeding under this section if the

prisoner has, on 3 or more prior occasions, while incarcerated or

detained in any facility, brought an action or appeal in a court of

the United States that was dismissed on the grounds that it is

frivolous, malicious, or fails to state a claim upon which relief may

be granted, unless the prisoner is under imminent danger of

serious physical injury.

28 U.S.C. § 1915(g). Section 1915(g), commonly referred to as the “three

strikes” provision, requires this Court to consider prisoner actions dismissed

before, as well as after, the enactment of the PLRA.

This Court takes judicial notice of at least the following three cases

previously brought by Simpkins that were dismissed on the grounds that they

were frivolous, malicious, or failed to state a claim upon which relief may be

granted: (1) Simpkins v. Sec’y, Dep’t of Corr., Case No. 3:14-cv-459-MMH-PDB

(M.D. Fla.) (complaint dismissed as frivolous); (2) Simpkins v. Brown, et al.,

Case No. 3:17-cv-7-MMH-JK (M.D. Fla.) (complaint dismissed as frivolous) ;

and (3) Simpkins v. Andrews, et al., Case No. 3:17-cv-148-MMH-PDB (M.D.

Fla.) (complaint dismissed as frivolous).

Therefore, because Simpkins has had three or more prior qualifying

dismissals, and his allegations do not warrant the imminent danger exception

to dismissal, Mitchell v. Nobles, 873 F.3d 869, 872 (11th Cir. 2017), this case is

dismissed without prejudice. Simpkins may initiate a new civil rights action

by filing a new civil rights complaint form and paying the full filing fee at the

time of filing his complaint. Alternatively, if he wishes to challenge his state

court convictions, Simpkins may do so by filing a Petition for Writ of Habeas

Corpus pursuant to 28 U.S.C. § 2254 on the Court’s standard form.

Accordingly, it is ORDERED:

1. This case is DISMISSED without prejudice pursuant to 28

U.S.C. § 1915(g).

2. The Clerk of Court shall enter judgment dismissing this case

without prejudice, terminate any pending motions, and close the case.

ENTERED in Fort Myers, Florida on April 14, 2026.

United States District Judge

OCAP-1

C: Leonardo Simpkins, #U36009

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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