WYNN v. POSTAL SERVICE et al
ORDER OF DISMISSAL 1 Complaint. The 22 report and recommendation is accepted and adopted as the court's opinion. The clerk must enter judgment stating, "The complaint is dismissed under 28 U.S.C. § 1915(e)(2)(B)." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 11/6/2017. (tdl)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
LARRY M. WYNN,
CASE NO. 4:17cv182-RH/CAS
COURT CLERK, and
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 22, and the objections, ECF No. 24. I have reviewed de
novo the issues raised by the objections.
The magistrate judge screened the plaintiff’s complaint as required by the
Prison Litigation Reform Act. The judge noted deficiencies in the substantive
allegations, noted that the plaintiff had not fully disclosed his prior lawsuits, and
directed the plaintiff to file an amended complaint. Now, more than six months
later, after repeated extensions of time, the plaintiff still has not filed an amended
Case No. 4:17cv182-RH/CAS
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complaint. The plaintiff obstinately insists he should not be required to disclose his
prior lawsuits. The plaintiff has made no effort to address the substantive
deficiencies in the complaint.
A district court with a high volume of prisoner cases must manage them
efficiently so that a prisoner who asserts a claim in good faith may obtain a fair and
prompt adjudication of the claim. Part of the process is requiring disclosure of
prior litigation. Another part of the process is noting substantive deficiencies in a
claim and giving the prisoner a chance to correct them. Here the plaintiff has
refused to comply with the court’s orders. Thus, for example, he insists that he can
stand on a complaint that demands $150,000 in compensatory damages without
any allegation of physical injury.
Having been given more than six months to amend the complaint but having
chosen not to do so, the plaintiff is not entitled to further extend the process.
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
opinion. The clerk must enter judgment stating, “The complaint is dismissed under
28 U.S.C. § 1915(e)(2)(B).” The clerk must close the file.
SO ORDERED on November 6, 2017.
s/Robert L. Hinkle
United States District Judge
Case No. 4:17cv182-RH/CAS
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