Judge T. Kent Wetherell II issued a Report and Recommendation on March 16, 2026, concluding that dismissal without prejudice is warranted. The court found that Hensarling violated local rules requiring pro se prisoners to truthfully certify their prior litigation under penalty of perjury.
The complaint form required Hensarling to disclose cases dismissed as frivolous, malicious, or for failure to state a claim, as well as lawsuits relating to his conviction or confinement conditions. Hensarling checked "No" for dismissed federal cases and disclosed two prior actions, providing no case numbers for them.
Court research revealed that Hensarling had filed at least two other actions that he failed to disclose. These included Hensarling v. Moore, et al., No. 6:01cv1393/ACC/DAB in the Middle District of Florida, and Hensarling v. Escambia County Jail et al., No. 3:23cv17921/LC/ZCB in the Northern District of Florida.
Both undisclosed cases were dismissed prior to service. The Moore case was a petition for writ of habeas corpus complaining of confinement conditions at John E. Polk Correctional Facility. The Escambia County Jail case was a § 1983 action alleging violations of constitutional rights regarding the jail's use of electronic tablets.
The court noted that these undisclosed actions should have been disclosed in response to questions regarding dismissed federal cases and lawsuits relating to confinement conditions. The failure to disclose these cases thwarted the court's ability to efficiently consider the Prison Litigation Reform Act's "three strikes" provision and determine if issues had been previously decided.
Citing Eleventh Circuit precedent, including McNair v. Johnson, the court held that dismissal without prejudice is an appropriate exercise of the district court's inherent authority to manage its docket and enforce local rules. The court rejected the argument that a misunderstanding or lack of access to PACER excuses the failure to accurately disclose litigation history.
The Report and Recommendation directs the Clerk of Court to enter judgment dismissing the case without prejudice and denying all pending motions as moot. Hensarling has fourteen days to file objections to the recommendations.