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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?