Dawson v. Lennon, 85-3547

• Decision Date: 25 August 1986
• Docket Number: No. 85-3547,85-3547
• Citation: 797 F.2d 934
• Parties: John E. DAWSON Plaintiff-Appellant, v. M.C. LENNON, Warden, et al, Defendants-Appellees. Non Argument Calendar.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 934

797 F.2d 934

John E. DAWSON Plaintiff-Appellant, v. M.C. LENNON, Warden, et al, Defendants-Appellees.

No. 85-3547

Non Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Aug. 25, 1986.

Kenneth W. Sukhia, Asst. U.S. Atty., Tallahassee, Fla., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Florida.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

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 See, e.g., Dawson v. U.S., # 84-3079 (11th Cir. Sept. 6, 1984) (unpublished denial of reconsideration of dismissal); U.S. v. Dawson, MCR: 81-00213; MCA: 83-2034/RV (N.D.Fla.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 forma 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. Sec. 1915(d). This court has upheld dismissal of a claim under 42 U.S.C. Sec. 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...