Timson v. Sampson, 518 F.3d 870 (11th Cir. 2008). · Go Syfert
Timson v. Sampson, 518 F.3d 870 (11th Cir. 2008). Cases Citing This Book View Copy Cite
1,894 citation events (1,894 in the last 25 years) across 30 distinct courts.
Strongest positive: Victor Gerard Guyton, II v. Commissioner of Social Security (ca11, 2026-06-10) · Strongest negative: Shirley Freeman v. Middletown Township Board of E (ca3, 2013-06-28)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Shirley Freeman v. Middletown Township Board of E
3rd Cir. · 2013 · signal: but see · confidence high
But see Timson v. Sampson, 518 F.3d 870, 874 (11th Cir.2008) (per curiam) (“[I]ssues not briefed on appeal by a pro se litigant are deemed abandoned....
discussed Cited as authority (verbatim quote) Victor Gerard Guyton, II v. Commissioner of Social Security
11th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Glenn Cohen v. Department of Veteran Affairs
11th Cir. · 2026 · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States, ex rel. Todd Alan Duell v. State of Hawaii, ET AL.
D. Haw. · 2026 · quote attribution · 1 verbatim quote · confidence high
could not maintain a qui tam suit under the fca as a pro se relator.
discussed Cited as authority (verbatim quote) Patrick Leach v. Commissioner of Social Security
11th Cir. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se liti- gants liberally . . . issues not briefed on appeal by a pro se litigant are deemed abandoned.
examined Cited as authority (verbatim quote) Cantrell Hill v. Bernard Hill (3×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Dr. Robert Tafel; Robert E. Tafel, D.D.S., PA D/B/A Bear Creek Family Dentistry; Buckner Marketplace Dental, PA D/B/A Bear Creek Family Dentistry v. D.S.L.
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
the united states is the real party in interest in a qui tam action under the false claims act even if it is not controlling the litigation
discussed Cited as authority (verbatim quote) United States v. Willie Parks
11th Cir. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Grappell v. Secretary, U.S. Department of Education
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. JoVon Montell Hollowell
11th Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Barnes v. Hamm
N.D. Ala. · 2023 · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, . . . issues not briefed on appeal by a pro se litigant are deemed abandoned
examined Cited as authority (verbatim quote) Raymond B. Baldwin v. Secretary of Veterans Affairs (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
examined Cited as authority (verbatim quote) Dammuon Epps v. Commissioner, Alabama Department of Human Resources (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Brenda Lee Thomas v. Clayton County Board of Commissioners (2×) also: Cited as authority (rule)
11th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Zurich American Insurance Company v. Tavistock Restaurants Group, LLC
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal . . . are deemed aban- doned.
discussed Cited as authority (verbatim quote) Leroy Thomas v. Generac Power Systems Incorporated
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, . . . issues not briefed on appeal by a pro se lit- igant are deemed abandoned.
discussed Cited as authority (verbatim quote) Annie Mantz v. Social Security Administration, Commissioner
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se liti- gant are deemed abandoned.
discussed Cited as authority (verbatim quote) Oladotun Akinadewo v. U.S. Attorney General
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Sharon Motley v. Hal Taylor
11th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a . . . litigant's reply brief.
discussed Cited as authority (verbatim quote) David Bryan Crespo v. State of Georgia
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Pamela Kessler v. City of Key West
11th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Elbert Walker, Jr. v. Gerald Bernard Williams (2×) also: Cited "see"
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
examined Cited as authority (verbatim quote) Reshawn Armstrong v. U.S. Attorney General (2×)
11th Cir. · 2021 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
while we read briefs filed by pro se liti- gants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Nuri Bryant v. Burlington Coat Factory Warehouse Corporation
11th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Zachary E. Coley v. Shaw Industries, Inc.
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. Kevin Lamar Ratliff
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Waugh v. Ralph
S.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
section 1654, title 28 . . . appears to provide a personal right that does not extend to the representation of the interests of others.
discussed Cited as authority (verbatim quote) Glenda Perez v. Cigna Health and Life Insurance Company
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. Alec V. Mathews
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. Richardo Alphonso
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Langley v. Waage
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
moreover, we do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) United States v. Barbara Lee
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Randy Butler v. Technical College System of Georgia
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
examined Cited as authority (verbatim quote) Keith Robert Caldwell v. U.S. Department of Transportation (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Metropolitan Life Insurance Company v. Jayson Tucker (2×) also: Cited as authority (rule)
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. Bobby James Courson
11th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Maxine McTizic v. Bayerische Motoren Werke Aktiengesellschaft (2×) also: Cited as authority (rule)
11th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned
discussed Cited as authority (verbatim quote) United States v. Donovan G. Davis, Jr.
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Sybil Marie Little v. CSRA (2×) also: Cited as authority (rule)
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Yves Santais v. Officer Jones
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Jennifer Williams Morsch v. JP Morgan Chase Bank N.A.
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Bro T. Hessed-El v. Courtney McCord
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Joe Edwin Rogers, Jr. v. Secretary, Department of Corrections
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal . . . are deemed abandoned.
discussed Cited as authority (verbatim quote) Eric Ferrier v. Cascade Falls Condominium Association, Inc.
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Niklesh Parekh v. CBS Corporation
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
e do not address arguments raised for the first time in a pro se litigant's reply brief.
discussed Cited as authority (verbatim quote) Jeffrey Bourassa v. Rick Jacobs
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) United States v. Kenneth Ruff
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Warren Adam Taylor v. Augusta-Richmond County Consolidated Commissioners
11th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
while we read briefs filed by pro se litigants liberally, issues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Doren T. Watkins v. Alabama Department of Public Health
11th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal by a pro se litigant are deemed abandoned.
discussed Cited as authority (verbatim quote) Aaron's Inc. v. MKW Investments, Inc.
11th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
ssues not briefed on appeal . . . are deemed abandoned.
Retrieving the full opinion text from the archive…
John TIMSON, Plaintiff-Appellant,
v.
Sophia M. SAMPSON, President and or Exec Director St. Vincent De Paul of South Pinellas, Inc., Et Al. and Her Agents, D.B.A. the Center of Hope, Mary E. Hausman, STVD-Center of Hope, Jackie Williams, STVD-Center of Hope Program Director, Mary Jo Nelson, Coordinator and Case Worker, Nikki Barfield, Social Worker VA Representative Liaison, Et Al., Defendants-Appellees, United States of America, Ex Rel., Movant-Appellee
07-12797.
Court of Appeals for the Eleventh Circuit.
Feb 27, 2008.
518 F.3d 870
John Timson, St. Petersburg, FL, pro se., Michael R. D’Lugo, Wicker, Smith, O’Hara, McCoy, Graham & Ford, P.A., Orlando, FL, for Defendants-Appellees., Sushma Soni, Douglas N. Letter, Dept, of Justice/Civ. Div./App. Staff, Washington, DC, Todd B. Grandy, Tampa, FL, for U.S.
Marcus, Wilson, Fay.
Cited by 1,359 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #28,688 of 633,719
Citer courts: Eleventh Circuit (3)
PER CURIAM:

John Timson, proceeding pro se, appeals the district court’s dismissal of his pro se qui tarn action under the FCA, 31 U.S.C. §§ 3729-3733. Timson makes two arguments on appeal. First, he argues that the district court erred in dismissing his complaint because, as a pro se relator, he was unable to maintain a qui tam action under the FCA. Second, he argues that the district court abused its discretion in declining to exercise supplemental jurisdiction over his state law claims. For the reasons set forth more fully below, we affirm.

As an initial matter, Timson also appeals the stay of his motion for a temporary restraining order; however, the merits of this appeal render that issue moot. See BankWest, Inc. v. Baker, 446 F.3d 1358, 1363 (11th Cir.2006).

I.

We review de novo the district court’s grant of a motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6), accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Glover v. Liggett Group, Inc., 459 F.3d 1304, 1308 (11th Cir.2006). We also review de novo questions of statutory interpretation. Burlison v. McDonald’s Corp., 455 F.3d 1242, 1245 (11th Cir.2006).

The FCA permits a private individual, called a qui tam [1] “relator,” to file a civil action against, and recover damages on behalf of the United States from, any, person who:[*873] 31 U.S.C. §§ 3729(a)(1)-(2), 3730(b)(1), (c)(3); United States ex rel. Clausen v. Laboratory Corp. of America, Inc., 290 F.3d 1301, 1308 n. 4 (11th Cir.2002). Section 3730(b)(1) of the FCA states that actions brought by private individuals “shall be brought in the name of the Government.” 31 U.S.C. § 3730(b)(1). Regarding the rights of the parties to qui tam actions, the FCA provides, first, that “[i]f the government proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action[,]” 31 U.S.C. § 3730(c)(1), and second, “[i]f the government elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action[,]” 31 . U.S.C. § 3730(c)(3). “The United States is the real party in interest in a qui tam action under the False Claims Act even if it is not controlling the litigation.” United States ex rel. Walker v. R&F Properties of Lack County, Inc., 433 F.3d 1349, 1359 (11th Cir.2005). “The purpose of the Act ... is to encourage private individuals who are aware of fraud being perpetrated against the government to bring such information forward.” Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1237 n. 1 (11th Cir.1999).

[*872] (1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government ... a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government.

[*873] The FCA is silent on whether a private individual can bring a qui tam suit pro se. See 31 U.S.C. §§ 3729-3733. The plain language of the FCA does not limit qui tam actions to those private individuals employing counsel. See 31 U.S.C. § 3730(b)(1), (c)(3). The FCA simply states that “[a] person may bring a civil action” under the FCA “for the person and for the United States Government.” 31 U.S.C. § 3730(b)(1).

We have yet to decide the issue of whether a private individual can bring a qui tam suit pro se. Those Circuits that have considered the issue have held that pro se relators may not prosecute qui tam actions. See Stoner v. Santa Clara County Office of Educ., 502 F.3d 1116, 1126-28 (9th Cir.2007); United States ex rel. Lu v. Ou, 368 F.3d 773, 775-76 (7th Cir.2004); see also United States v. Onan, 190 F.2d 1, 6-7 (8th Cir.1951). Their rationale is persuasive.

Section 1654, Title 28, the general provision permitting parties to proceed pro se, provides: “In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.” 28 U.S.C. § 1654 (emphasis added). The provision appears to provide a personal right that does not extend to the representation of the interests of others. Accord Stoner, 502 F.3d at 1126. As noted above, “[t]he United States is the real party in interest in a qui tam action under the False Claims Act .... ” United States ex rel. Walker, 433 F.3d at 1359. Therefore, Timson does not have authority under 28 U.S.C. § 1654 to proceed pro se in this qui tam action, and is without any authority to do so unless the FCA authorizes relators to litigate a qui tam suit pro se.

As noted above, the FCA is silent as to whether a private individual can bring a qui tam suit pro se. See 31 U.S.C. §§ 3729-3733. The plain language of the FCA draws no distinction in an individual’s ability to bring a qui tam suit based upon whether or not that individual is represented by counsel. See 31 U.S.C. § 3730(b)(1), (c)(3). The absence of an explicit authorization for qui tam suits to be brought pro se could indicate, however, an intention by Congress that qui tam suits be brought according to § 1654 and “the established procedure which requires that only one licensed to practice law may conduct proceedings in court for anyone[*874] other than himself.” Stoner, 502 F.3d at 1127; see also Onan, 190 F.2d at 6. Moreover, the safeguards Timson outlines do not sufficiently replace adequate legal representation for the United States’s interests, particularly where the United States would be bound by the judgment in future proceedings.

To the extent that Timson argues that he should be allowed to sever his interests under the FCA from the interests of the United States, that approach would be inconsistent with the purpose of the FCA, which is to aid the government in combating fraud through an incentive to private individuals aware of such fraud. See Ragsdale, 193 F.3d at 1237 n. 1. That approach would also conflict with the fact that the United States is the real party in interest in a qui tam suit.

For all these reasons, the district court did not err in dismissing Timson’s complaint because Timson could not maintain a qui tam suit under the FCA as a pro se relator.

II.

As an initial matter, the government argues that we are without jurisdiction to review the dismissal of Timson’s state law claims because his notice of appeal fails to explicitly reference the claims’ dismissal. “Where an appellant notices the appeal of a specified judgment only[,] this court has no jurisdiction to review other judgments or issues which are not expressly referred to and which are not impliedly intended for appeal.” Whetstone Candy Co. v. Kraft Foods, Inc., 351 F.3d 1067, 1079-80 (11th Cir.2003) (quotation omitted). Timson’s notice of appeal indicates that he is appealing the district court’s order dated May 18, 2007, in which the district court sua sponte raised the issue of its supplemental jurisdiction over Timson’s state law claims. Therefore, the issue is properly before this Court. See Whetstone, 351 F.3d at 1079-80.

Timson, however, fails to address the issue in his opening brief. He argues in his reply brief that his retaliatory discharge claim provided an independent basis for federal subject-matter jurisdiction. While we read briefs filed by pro se litigants liberally, Lorisme v. I.N.S., 129 F.3d 1441, 1444 n. 3 (11th Cir.1997), issues not briefed on appeal by a pro se litigant are deemed abandoned, Horsley v. Feldt, 304 F.3d 1125, 1131 n. 1 (11th Cir.2002). Moreover, we do not address arguments raised for the first time in a pro se litigant’s reply brief. Lovett v. Ray, 327 F.3d 1181, 1183 (11th Cir.2003). Timson, thus, has abandoned this issue.

In light of the foregoing, the judgment of the district court is

AFFIRMED.

1

. "Qui tarn is short for ‘qui tam pro domino rege quam pro se ipso in hac parte sequitur,' which means 'who pursues this action on our Lord the King's behalf as well as his own.’ " Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1237 n. 1 (11th Cir.1999).