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)

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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

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