HAMPTON v. BLACKWOOD

Filing 8

ORDER OF DISMISSAL; accepting and adopting 6 Report and Recommendation. Signed by JUDGE ROBERT L HINKLE on 3/27/2012. The clerk must enter judgment stating, The complaint is dismissed without prejudice under 28 U.S.C. § 1915A(b)(1) and 1915(e)(2)(B). The clerk must close the file. (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION RUFUS HAMPTON, Plaintiff, v. CASE NO. 4:12cv45-RH/GRJ JAMES BLACKWOOD et al., Defendants. _____________________________/ ORDER OF DISMISSAL This case is before the court on the magistrate judge’s report and recommendation, ECF No. 6, and the objections, ECF No. 7. I have reviewed de novo the issues raised by the objections. The report and recommendation concludes that the case should be dismissed without prejudice based on the plaintiff’s failure to disclose prior lawsuits as required by this district’s standard prisoner civil-rights complaint form. Dismissal without prejudice is not too severe a sanction under these circumstances. If the form is to serve its purpose, a plaintiff must provide accurate information. If word got around the prisons that inaccurate or incomplete information could be provided Case No. 4:12cv45-RH/GRJ Page 2 of 2 with no effective sanction, the form would serve little purpose. And word does get around the prisons. For these reasons, and the additional reasons set forth by the report and recommendation, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court’s further opinion. The clerk must enter judgment stating, “The complaint is dismissed without prejudice under 28 U.S.C. § 1915A(b)(1) and 1915(e)(2)(B).” The clerk must close the file. SO ORDERED on March 27, 2012. s/Robert L. Hinkle United States District Judge Case No. 4:12cv45-RH/GRJ

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