John E. Dawson v. M.C. Lennon, Warden, 797 F.2d 934 (11th Cir. 1986). · Go Syfert
John E. Dawson v. M.C. Lennon, Warden, 797 F.2d 934 (11th Cir. 1986). Cases Citing This Book View Copy Cite
65 citation events (49 in the last 25 years) across 21 distinct courts.
Strongest positive: Adlife Marketing & Communicati v. Karns Prime and Fancy Food Ltd (ca3, 2023-01-13)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Adlife Marketing & Communicati v. Karns Prime and Fancy Food Ltd
3rd Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
the clear pattern of attempts to 9 deceive the courts . . . in this and other cases justifies the district court's imposition of the severe sanction of dismissal with prejudice.
discussed Cited as authority (verbatim quote) DOYLE v. BABINE, COUNCILOR
D. Me. · 2021 · quote attribution · 1 verbatim quote · confidence high
the clear pattern of attempts to deceive the courts on his financial status in this and other cases justifies . . . dismissal with prejudice.
discussed Cited as authority (rule) Byron Donnelle Clay v. Ms. Gamble, et al.
M.D. Ga. · 2025 · confidence medium
Ga. Oct. 5, 2017) (noting that “that [Plaintiff] is attempting to understate his assets in order to shirk his obligation to pay the full filing fee”); Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986) (noting the Eleventh Circuit had previously “upheld dismissal of a § 1983 claim of a prisoner who professed to have no money in his prison accounts, which in fact contained thirty cents, and who had a history of manipulating his accounts to support claims of indigency”) (citing Collier v. Reigio, 760 F.2d 279 (11th Cir.1985)); Mitchell v. Nobles, 873 F.3d 869, 875 (11th Cir. 2017) (Ru…
discussed Cited as authority (rule) Dwayne Jemon Harris Estate v. City of Florissant
E.D. Mo. · 2025 · confidence medium
See 28 U.S.C. § 1915 (e)(2)(A); see also Donelson v. Tanner, 768 F. App’x 573 , 575 (7th Cir. 2019) (unsigned order) (joined by Barrett, J.) (“Courts may also dismiss a case when a litigant, in applying for the privilege to litigate without prepaying filing fees, lies to the court about his financial status.”); Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986) (per curiam) (holding a district court has the discretion to dismiss a case with prejudice where a plaintiff has in bad faith filed a false affidavit of poverty).
discussed Cited as authority (rule) KROFT v. DIXON (2×) also: Cited "see"
N.D. Fla. · 2024 · confidence medium
Despite having two prior cases dismissed in 2023 for shielding his true assets, Plaintiff continues to misrepresent his financial position by claiming indigence in IFP motions without “attempting to demonstrate a change in circumstances that would render [a prior court’s determination Plaintiff had substantial assets] no longer valid.” Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986).
discussed Cited as authority (rule) Waseem Daker v. Andrea Owens (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
See Attwood v. Singletary, 105 F.3d 610, 613 (11th Cir. 1997) (IFP plaintiff had obligation under Rule 11 to “make reasonable inquiries into the veracity of infor- mation filed before the court and to advise the court of any changes” to his financial status); Dawson, 797 F.2d at 935 (upholding dismissal where plaintiff deliberately failed to advise the court of a prior determination that the plaintiff was not indigent).
cited Cited as authority (rule) Boyd v. Decker
M.D. Fla. · 2022 · confidence medium
However, “while dismissal of an action with prejudice is a sanction of last resort, it is appropriate in cases involving bad faith.” Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986).
cited Cited as authority (rule) Waseem Daker v. Patrick H. Head
11th Cir. · 2022 · confidence medium
Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986) (per curiam).
discussed Cited as authority (rule) Vann v. Commissioner of New York City Department of Correction
2d Cir. · 2012 · confidence medium
Co. in the City of N.Y., 662 F.3d. 600, 602-03 (2d Cir.2011) (per curiam); see also Mathis, 133 F.3d at 547 (stating that in the absence of any limitation as to dismissal with prejudice under the in forma pauper-is statute, “Congress intended to leave the decision to dismiss with or without prejudice in the district court’s discretion” (internal quotation marks omitted)); accord Maynard v. Nygren, 372 F.3d 890, 893 (7th Cir.2004); Romesburg v. Trickey, 908 F.2d 258, 260 (8th Cir.1990); Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986) (per curiam); Thompson v. Carlson, 705 F.2d 868, 86…
cited Cited as authority (rule) Darryl Maurice Young v. Secretary Florida Department of Corrections
11th Cir. · 2010 · confidence medium
However, “while dismissal of an action with prejudice is a sanction of last resort, it is appropriate in cases involving bad faith.” Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986).
cited Cited as authority (rule) Darryl Maurice Young v. Secretary FL DOC
11th Cir. · 2010 · confidence medium
However, “while dismissal of an action with prejudice is a sanction of last resort, it is appropriate in cases involving bad faith.” Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986).
discussed Cited as authority (rule) Johnson v. Spellings
D.D.C. · 2008 · confidence medium
See Mathis v. New York Life Insurance Co., 133 F.3d 546, 547-48 (7th Cir.1998) (plaintiff failed to disclose that he owned a home with approximately $14,000 of equity); Romesburg v. Trickey, 908 F.2d 258, 259-60 (8th Cir.1990) (plaintiff failed to disclose that he owned at least four apparently unencumbered lots); Dawson v. Lennon, 797 F.2d 934, 935-36 (11th Cir.1986) (per curiam) (plaintiff failed to inform the court of previous judicial determinations that he had substantial assets); Thompson v. Carlson, 705 F.2d 868, 869 (6th Cir.1983) (per curiam); see also Harris v. Cuyler, 664 F.2d 388, …
discussed Cited as authority (rule) Samonte v. Frank
D. Haw. · 2007 · confidence medium
Co., 133 F.3d 546, 547 (7th Cir.1998) (dismissing action with prejudice for filing fraudulent in forma pauperis request); Romesburg v. Trickey, 908 F.2d 258, 259-60 (8th Cir.1990)(same); Dawson v. Lennon, 797 F.2d 934, 935-36 (11th Cir.1986)(same); Thompson v. Carlson, 705 F.2d 868, 869 (6th Cir.1983)(per curiam); Hams v. Cuyler, 664 F.2d 388, 389-91 (3rd Cir.1981); Bell v. Dobbs International Service, 6 F.Supp.2d 863 (E.D.Mo.1998); Witherspoon v. Roadway Express, Inc., 782 F.Supp. 567 (D.Kan.1992).
cited Cited as authority (rule) Mullins v. Hallmark Data Systems, LLC
N.D. Ill. · 2007 · confidence medium
Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986); Collier v. Reigio, 760 F.2d 279 (11th Cir.1985).
discussed Cited as authority (rule) Cuoco v. U.S. Bureau of Prisons (2×)
S.D.N.Y. · 2004 · confidence medium
Motors Acceptance, 288 F.3d 305, 306 (7th Cir.2002); Mathis, 133 F.3d at 547 (affirming dismissal pursuant to § 1915(e)(2)(a) where plaintiff experienced with IFP system failed to disclose ownership of a home with $14,000 of equity on his IFP application); Dawson v. Lennon, 797 F.2d 934, 934 (11th Cir.1986) (affirming dismissal pursuant to IFP statute where applicant lied about his property and financial holdings to obtain IFP status).
discussed Cited as authority (rule) Anthony Mathis v. New York Life Insurance Company
7th Cir. · 1998 · confidence medium
Although we have not commented specifically on dismissals with prejudice in the context of a false allegation of poverty, our sister circuits have held that dismissals with prejudice under § 1915(d) for intentional misrepresentation of an applicant's true financial status was within the district court’s discretion. *548 See Romesburg v. Trickey, 908 F.2d 258, 260 (8th Cir.1990); Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986); Thompson v. Carlson, 705 F.2d 868, 869 (6th Cir.1983) (per curiam).
discussed Cited as authority (rule) McCoy v. White (2×)
D. Maryland · 1992 · confidence medium
See Romesburg v. Trickey, 908 F.2d 258, 260 (8th Cir.1990); Dawson v. Lennon, 797 F.2d 934, 935-36 (11th Cir. 1986); Thompson v. Carlson, 705 F.2d 868, 869 (6th Cir.1983); Ferguson-Bey v. Lever Bros.
discussed Cited as authority (rule) Earl Romesburg v. Myrna Trickey Dr. Aturo Taca and Judy Fanning
8th Cir. · 1990 · confidence medium
Harris v. Cuyler, 664 F.2d 388, 389-91 (3d Cir.1981); Thompson v. Carlson, 705 F.2d 868, 869 (6th Cir.1983) (per curiam); Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986) (per curiam). 2 Here, there is sufficient evidence of bad faith to support the District Court’s decision.
discussed Cited as authority (rule) Roland Markland Matthews v. Barry K. Gaither (2×) also: Cited "see"
11th Cir. · 1990 · confidence medium
Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986) (dismissal with prejudice, although a last resort, is appropriate in cases involving bad faith).
discussed Cited "see" Foster v. Division of Adult Parole Operations
E.D. Cal. · 2021 · signal: see · confidence high
See Cuoco v. U.S. Bureau of Prisons, 328 22 F.Supp.2d 463 , 467–68 (S.D.N.Y. 2004). 23 Defendant relies on Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986); Attwood, 24 105 F.3d at 613 ; Emrit v. Yahoo!
examined Cited "see" DAKER v. HEAD (3×) also: Cited "see, e.g."
M.D. Ga. · 2019 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986) (noting that court had previously “upheld dismissal of a claim under 42 U.S.C. § 1983 of a prisoner who professed to have no money in his prison accounts, which in fact contained thirty cents, and who had a history of manipulating his accounts to support claims of indigency”).
discussed Cited "see" Waseem Daker v. Neil Warren
11th Cir. · 2019 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934 , 935–36 (11th Cir. 1986) (mentioning prisoner’s objection to recommended dismissal under 6 Case: 14-13078 Date Filed: 07/11/2019 Page: 7 of 8 section 1915); Collier v. Tatum, 722 F.2d 653 , 655–56 (11th Cir. 1983) (allowing prisoner “a reasonable opportunity to explain withdrawals from his account” before denying status as indigent).
discussed Cited "see" Waseem Daker v. Commissioner, Georgia Department of Corrections
11th Cir. · 2017 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934, 935-36 (11th Cir. 1986) (finding that plaintiffs pattern of attempting to deceive the courts about his financial status in multiple cases supported a dismissal with prejudice).
examined Cited "see" Ross v. Fogam (4×)
11th Cir. · 2016 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934, 935-36 (11th Cir.1986) (per cu-riam); Attwood, 105 F.3d at 613 .
cited Cited "see" Heath v. Walters
7th Cir. · 1998 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir.1986) (per curiam); Harris v. Cuyler, 664 F.2d 388, 390 (3d Cir.1981).
cited Cited "see" Steelman v. Mason
6th Cir. · 1988 · signal: see · confidence high
See Dawson v. Lennon, 797 F.2d 934 (11th Cir.1986) (citing Thompson v. Carlson, 705 F.2d 868 (6th Cir.1983) (per curiam)).
discussed Cited "see, e.g." Downing v. Ekstrom
E.D. Wash. · 2024 · signal: see also · confidence medium
See Chambers v. NASCO, Inc., 501 15 U.S. 32, 54 (1991) (affirming sanctions against plaintiff “for the fraud he 16 perpetrated on the court”); see also, Dawson v. Lennon, 797 F.2d 934, 936 (11th 17 Cir.1986) (finding plaintiff’s “clear pattern of attempts to deceive the courts on his 18 financial status in this and other cases justifies the district court’s imposition of the 19 severe sanction of dismissal with prejudice”). 20 /// 1 2.
discussed Cited "see, e.g." Daker v. Keaton
N.D. Ga. · 2023 · signal: see also · confidence medium
And dismissal of a case is appropriate “where a plaintiff deliberately fail[s] to advise the court of a prior determination that the plaintiff was not indigent.” Id.; see also Dawson v. Lennon, 797 F.2d 934, 935 (11th Cir. 1986) (Prisoner’s “behavior in attempting to claim indigent status while failing to draw the court’s attention to previous authoritative determinations of his lack of indigency is sufficient evidence of bad faith to support the district court’s exercise of discretion” in dismissing the prisoner’s case with prejudice).
Retrieving the full opinion text from the archive…
John E. DAWSON Plaintiff-Appellant,
v.
M.C. LENNON, Warden, Et Al, Defendants-Appellees
85-3547.
Court of Appeals for the Eleventh Circuit.
Aug 25, 1986.
797 F.2d 934
1986 U.S. App. LEXIS 28938
Kenneth W. Sukhia, Asst. U.S. Atty., Tallahassee, Fla., for defendants-appellees.
Tjoflat, Vance, Kravitch.
Cited by 38 opinions  |  Published
PER CURIAM:

In this case Dawson, an inmate at the Federal Correctional Institute, Tallahassee, Florida appeals the dismissal with prejudice of a first amendment suit. The prison administration refused to allow him to conduct services in the “pagan religion” during a period in which he was in disciplinary segregation, and then revoked recognition of his church. The administration had previously recognized the pagan religion and permitted Dawson to conduct services. It had granted some of his requests for supplies and for permission to conduct various rites, and denied others because of the potential for disruption of prison routine and discipline. Dawson filed suit in federal district court, alleging that these actions infringed on his first amendment right to free exercise of religion.

Dawson moved for leave to proceed in forma pauperis to avoid paying fees and other expenses in pursuing his suit. He filed an affidavit stating that he had no money or real estate, vehicles or other assets that would enable him to pay his own court expenses. The magistrate initially granted him in forma pauperis status. The government challenged on grounds that Dawson had large holdings of money and property outside of prison. A number of courts previously had authoritatively determined that Dawson had substantial ’assets. See, e.g., Dawson v. U.S., # 84-3079 (11th Cir. Sept. 6, 1984) (unpublished denial of reconsideration of dismissal); U.S. v. Dawson, MCR: 81-00213; MCA: 83-2034/RV (N.D.Fla. Dec. 8, 1983) (adopting Magistrate’s Order, Report and Recommendation of Nov. 14, 1983). Dawson had claimed that all his property in reality belonged to church of which he was founder and president. The church was in previous hearings determined to be a sham to conceal Dawson’s property. Dawson had filed his in fprma pauperis affidavit without alluding to these decisions or attempting to demonstrate a change in circumstances that would render their determination no longer valid. The magistrate found on May 14, 1985 that Dawson’s in forma pauperis affidavit did not disclose all available assets and that he filed it in bad faith. The district court on June 7, 1985 adopted the magistrate’s report and dismissed Dawson’s case with prejudice.

In proceedings brought in forma pauperis, the court may dismiss the case if the allegation of poverty is untrue. 28 U.S.C. § 1915(d). This court has upheld dismissal of a claim under 42 U.S.C. § 1983 of a prisoner who professed to have no money in his prison accounts, which in fact contained thirty cents, and who had a history of manipulating his accounts to support claims of indigency. Collier v. Reigio, 760 F.2d 279 (11th Cir.1985). We have held that while dismissal of an action with prejudice is a sanction of last resort, it is appropriate in cases involving bad faith. State Exchange Bank v. Hartline, 693 F.2d 1350, 1352 (11th Cir.1982). The Third and Sixth Circuits have held dismissal with prejudice to be an appropriate sanction for deliberately filing a false affidavit of poverty. Harris v. Cuyler, 664 F.2d 388, 390-91 (3d Cir.1981) (“conscious or intentional acts or omissions”); Thompson v. Carlson, 705 F.2d 868 (6th Cir.1983); see also Camp v. Oliver, 609 F.Supp. 718, 719 (M.D.Ga. 1985) (following Harris); Ferguson-Bey v. Lever Brothers Co., 586 F.Supp. 1435, 1441-42 (D.Md.1984) (same). We adopt the Third Circuit’s reasoning and hold that a district court has the discretion to dismiss a case with prejudice where a plaintiff has in bad faith filed a false affidavit of poverty.

Dawson’s behavior in attempting to claim indigent status while failing to draw the court’s attention to previous authoritative determinations of his lack of indigency is sufficient evidence of bad faith to support the district court’s exercise of dis[*936] cretion. His claim that he attempted to pay filing fees on May 8, 1985 and that he withdrew his request for in forma pauperis status on May 31, 1985 does not require reversal of the dismissal order. Neither withdrawal nor payment was timely received, and, further, despite his claimed attempt to pay fees two weeks earlier, Dawson claimed in forma pauperis status on May 24, 1985 in his Objection to the Magistrate’s Report and Recommendation. His argument that, because of the changeable nature of indigency, the authoritative effect of those previous determinations is an improper use of res judicata fails because he had the opportunity to demonstrate changed circumstances. Our reading of the record shows no merit to his claim that those determinations were made on the merits of his claim rather than on his state of indigency. The clear pattern of attempts to deceive the courts on his financial status in this and other cases justifies the district court’s imposition of the severe sanction of dismissal with prejudice. The district court clearly acted within its discretion.

AFFIRMED.