Jackson v. Ajibade et al

Filing 16

ORDER adopting re 9 Report and Recommendations.; denying 15 Motion for free copies. Therefore, this action is Dismissed w/o prejudice as a sanction fro pla's abuse of the judicial process. Signed by Judge Dudley H. Bowen on 8/8/11. (cmr)

ORIGINAL

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IN THE UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

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CLERKJFG

MARK WAYNE JACKSON,
Plaintiff,
CV 311-020

V.

FNTJ AJIBADE, Doctor, et al.,
Defendants.
ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation ("R&R"), to which objections have been filed (doe.
nos. 13, 14).1 The Magistrate Judge recommended that Plaintiff's complaint be dismissed
without prejudice as a sanction for abusing the judicial process by providing dishonest
information about his prior filing history. (Doe. no. 9.)

'Plaintiff requested, and was granted, an extension of time in which to file his
obj ections to the R&R. (Doc. nos. 11, 12.) Plaintiff then filed two documents, both of which
contain objections to R&R. (Doe. nos. 13, 14.) For ease of reference, the Court will
hereinafter refer to both of these documents collectively as Plaintiff's 'objections."
Also, the Court notes that Plaintiff has filed a motion asking the Court to provide him
with a free copy of the "pro se litigant guide"; he also appears to request a free copy of the
entirety of the Local Rules of the Southern District of Georgia, the Federal Rules of
Evidence, and Federal Rule of Civil Procedure 11. (Doe. no. 15.) This motion is DENIED,
as Plaintiff is not entitled to free copies of such documents. See Wanninger v. Davenport,
697 F.2d 992, 994 (11th Cir. 1983) (per curiain) ("A prisoner's right of access to the court
does not include the right of free unlimited access to a photocopying machine.. . ." (citation
omitted)); see also Jones v. Franzen, 697 F.2d 801, 803 (7th Cir. 1983) ("[B]road as the
constitutional concept of liberty is, it does not include the right to xerox."). Copies of any
Court record or paper may be purchased at a cost of $.50 per page from the Clerk of Court.

Plaintiff's objections consist primarily of recitations of inapplicable legal doctrine,
such as qualified immunity. (See, e.g., doe. no. 13, p. 2.) Plaintiff also appears to argue that
his allegations of inadequate medical treatment qualify him for the "imminent danger"
exception to the provision of 28 U.S.C. § 1915(g) that prohibits prisoners from proceeding
informapaupers in civil actions if they have had three or more cases or appeals dismissed
for being frivolous, malicious, or failing to state a claim. (See id. at 1, 3 doe. no. 14.)
Notably, however, the Magistrate Judge did not recommend dismissing Plaintiff's complaint
under § 1915(g), and Plaintiff's objections fail to address his abuse of the judicial process,
which the Magistrate Judge properly determined to warrant dismissal of this case without
prejudice. Because Plaintiff provides no reason for departing from the conclusions set forth
in the R&R, his objections are OVERRULED.
Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED
as the opinion of the Court. Therefore, this action is DISMISSED without prejudice as a
sanction for Plaintiff's abuse of the judicial process.
SO ORDERED this 4day of 2011, at Augusta, Georgia.
,

STAS DISTRICT

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