Vaughns v. Roundtree et al

Filing 18

ORDER adopting the 15 Magistrate Judge's Report and Recommendation as the opinion of the Court; denying as moot Plaintiff's 11 Motion to Appoint Counsel; dismissing this case without prejudice as a sanction for Plaintiff's abuse of the judicial process; and closing this civil action. Signed by Judge J. Randal Hall on 9/26/2016. (jah)

IN TEE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION
JOHNNY VAUGHNS

Plaintiff,
CV 116-047

v.

SHERIFF FNU ROUNDTREE,
et al.,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 17.)
Plaintiff concedes he did not provide accurate responses to the questions on the complaint
form but asks the Court to excuse his mistake. The Court declines to do so.

Although

Plaintiff contends his failure to disclose his prior lawsuits was the result of a "grave

misunderstanding," the questions on the form are clear.

It asks if Plaintiff has "ever

submitted a lawsuit for filing in any. federal or state court dealing with the SAME FACTS
involved in this lawsuit or otherwise related to your imprisonment," to which Plaintiff

checked "No." (Doc. no. 1, p. 2.) (emphasis in original). It also asks if Plaintiffhas "ever
submitted a lawsuit for filing in any federal or state court dealing with facts OTHER THAN
those involved in this lawsuit," to which Plaintiff also checked "No." (Id,) (emphasis in

original). Moreover, as the case law cited in the Report and Recommendation makes clear,

failing to disclose prior filing history will not be tolerated, and the Eleventh Circuit has
repeatedly approved of dismissing a case without prejudice as a sanction. (See doc. no. 15,

p. 3.) Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate
Judge as its opinion, DENIES as moot Plaintiffs Motion to Appoint Counsel (doc. no. 11),

DISMISSES this case without prejudice as a sanction for Plaintiffs abuse of the judicial
process, and CLOSES this civil action.

SO ORDERED thiy~>feday of September, 2016, at Augusta, Georgia.

)ALHALL

UNITED ^TATES DISTRICT JUDGE
DISTRICT OF GEORGIA