Vaughns v. Roundtree et al
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
JOHNNY L. VAUGHNS,
SHERIFF ROUNDTREE; MAJOR
LEVERTT; LT. ELIAM; KITCHEN, Deputy;
JUDY, Deputy; and YOUNG, Deputy,
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.
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
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