Reid v. Wilkes et al
ORDER adopting 16 Report and Recommendations; denying as moot 10 Motion to be Housed in Federal Protective Custody; denying as moot 12 Motion for Leave to File; denying as moot 14 Motion for Preliminary Injunction; denying as moot 14 Motion for TRO; denying as moot 15 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge J. Randal Hall on 07/10/2017. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SCOTT WILKES; STAN SHEPARD;
RUTHIE SHELTON; MRS. BUSSEY;
MARY ALSTAN; P.A. CAIN;
KIMBERLY FOUNTAIN; and
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. 18).
The Magistrate Judge recommended dismissing the case without prejudice because Plaintiff
provided dishonest information about his filing history, and recommended denying as moot
all other pending motions. (Doc. no. 16.) The Magistrate Judge identified a prior case
Plaintiffhad filed, but failed to disclose, dealing with the same facts as this action. (Id at 3.)
Despite the overlap of named Defendants and a shared core issue concerning Plaintiffs
Hepatitis B, Plaintiff contends his cases raise "two totally different issues." (Doc. no. 18, p.
4.) The Court disagrees.
But even if the undisclosed case identified by the Magistrate Judge could be
considered as not "dealing with same facts involved in this action," then Plaintiff provided
dishonest information by not identifying the case under the question on the complaint form
requiring disclosure of any lawsuits dealing with facts other than those involved in this
action. (See doc. no. 1, p. 2.) Under either scenario, Plaintiffs complaint is subject to
dismissal without prejudice as a sanction.
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. 16, pp. 3-5.)
Accordingly, the Court OVERRULES all of Plaintiffs objections and ADOPTS the
Report and Recommendation of the Magistrate Judge as its opinion. Therefore, the Court
DISMISSES this case without prejudice as a sanction for Plaintiffs abuse of the judicial
process, DENIES AS MOOT the motions to be placed in federal custody, to amend, for a
preliminary injunction and a temporary restraining order, and to proceed without paying the
initial partial filing fee, (doc. nos. 10, 12, 14-1, 14-2, 15), and CLOSES this civil action.1
SO ORDERED this
/^^day ofJuly, 2017, at Augusta, Georgia.
HALL, CHIEF JUDGE
PATES DISTRICT COURT
DISTRICT OF GEORGIA
*As the dismissal is without prejudice, nothing in this Order puts any additional
restrictions on Plaintiffs filing activities beyond those already in place for any prisoner filing a
new case in federal court.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?