Vaughns v. Roundtree et al

Filing 13

ORDER adopting 10 Report and Recommendations. Therefore, this case is Dismissed without prejudice as a sanction for Plaintiff's abuse of the judicial process, and this civil action is Closed. Signed by Chief Judge J. Randal Hall on 5/16/17. (cmr)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JOHNNY L. VAUGHNS,

Plaintiff,
CV 116-215

v.

SHERIFF ROUNDTREE; MAJOR

LEVERTT; LT. ELIAM; KITCHEN, Deputy;
JUDY, Deputy; and YOUNG, Deputy,
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. 12.)
Plaintiff contends "[i]t didn't dawn on the Plaintiff that he needed to include paper work

outside of civil suits though [sic] in file at the federal court." (Id at 3.) However, Plaintiffs

filing history reveals he was well aware of the disclosure requirements because this Court has

previously warned him of them. See Vaughns v. Roundtree et al, CV 116-047, doc. nos. 16,
18 (S.D. Ga. Sept. 2016); Vaughns v. Levertt et al. CV 117-005, doc. nos. 8, 10, 13 (S.D.
Ga. 2016). Furthermore, the instructions in the complaint form are clear. They ask Plaintiff
to "describe each lawsuit in the space below," and instruct Plaintiff that "[i]f there is more

than one lawsuit, [to] describe the additional lawsuits on another piece ofpaper, using the

same outline." (Doc. no. 1, p. 1 (emphasis added).) Plaintiff listed only CV 116-047 and
none of his other cases. (Id at 1-2.) Finally, 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. 10, p. 3.)
In sum, Plaintiff abused the judicial process by providing dishonest information about

his prior filing history. Nothing in these objections changes that fact.

Accordingly, the

Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,

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

SO ORDERED this

/G^ day of May, 2017, at Augusta, Georgia.

J. RANBkL HALL,'CHIEF JUDGE

UNITED STATES DISTRICT COURT
THERN DISTRICT OF GEORGIA