Hawkins v. Morales et al

Filing 12

ORDER adopting 7 Report and Recommendations. Therefore, this case is Dismissed without prejudice as a sanction for abuse of the judicial process and this civil action is Closed. Signed by Judge Dudley H. Bowen on 2/12/13. (cmr)

O IGINAL
R

' 't'ili1:iilir'::

COURT
IN THE UNITEDSTATES
DISTRICT

;T[3J2 Pti 4: 55
THESOUTHERN
DISTRICT GEORGIAI":1
FOR
OF
DUBLIN DIVISION
ALONZOHAWKINS,
Plaintiff,

)
)
)
)
)
)

cv 312-096

e
DEPARTMENTOF CORRECTIONS, t )
al.,
)
Defendants.

)
)

ORDER

After a careful,de novoreitew of the file, the Courtconcurs
with the Magistrate
("R&R"), to whichno objections
havebeenproperly
Judge's
ReportandRecommendation
filed.' Rather,a document
titled "Objection"was filed by an inmateclaimingto act on
Plaintiffs behalf. (Doc.no. I l.) While this inmateclaimsto havebeenprovidinglegal
to
to
in
assistance Plaintiff,he hasnot shownthat he is attomeyauthorized practice this
in
Loc. R.
he
Court;asa result, maynot actasPlaintiffs legalrepresentative this case.See
whileFederal
Ruleof Civil Procedure
11(a)
andLocalRule 11.1
83.1-83.4.
Moreover,
only
thatpro selitigants
signall filingswith this Court,the"Objection"wassigned
require
providing
legalassistance, by Plaintiff. Finally,LocalRule72.3provides
not
by theinmate

'Plaintiff submitteda filing titled "Notice of Failure to Notifu," in which he
the
a
copyofthe R&R. (Doc.no.9.) Accordingly,
that
contended hedid notreceive service
the
the
the
directed Clerkto re-serve R&R andextended time for Plaintiff
Magistrate
Judge
throughlanuary22,2013. (Doc.no. 10.) The instantfiling wastimely
to file objections
period.
within this extended
submitted

mayfile objections a Magistrate
to
thatonlyparties thecase
to
Judge's
R&R, andtheinmate
providinglegalassistance not a partyto thiscase.Forthese
is
reasons, Courlconcludes
the
havebeenproperly
filed in this case.
thatno objections
In any event,
evenif theyhadbeenproperlyfiled, the objections meritless
are
and
provideno basisfor departing
from the conclusion the R&R. The Magistrate
in
Judge
recommended case dismissed
the
be
withoutprejudice
Plaintiffabused
because
thejudicial
process providingfalseinformation
by
abouthis filing history. (Doc.no. 7.) In particular,
foundthatPlaintiffonlydisclosed priorcase hadfiledin federal
theMagisfateJudge
one
he
Judgewas awareof at leasttwo. (Id. at 2-3.) The inmate
court,when the Magistrate
providinglegalassistance
alleges hewasresponsible thefailureto disclose prior
that
for
the
case
because wasnotaware it, andthatit wasnotPlaintiff s norhis intentto "give false
he
of
information providefalsestatements theCourts." (Doc.no. 11,p.2.)
or
to
Regardless the reasons failing to disclose prior case,however,it was
of
for
the
Plaintiffwho sigrred complaint,
the
includingthefalseinformation
abouthis filing history,
andwho, by doingso,declared truth of the contents the complaint
the
of
underpenalty
of
(See
perjury.2
provided
doc.no. 1,p. 10.)Thus,Plaintiffclearly
falseinformation
about
his
filing history andtheCourtcannot
tolerate
suchabuse
ofthe judicial process.SeeRivera
(17thCir.1998)
(ernphasizing
v. Allin, 144F.3d719,721-27
seriousness
ofjudicial
ofabuse
'The Courtis aware
providinglegalassistance
thattheinmate
that
alleges Plaintiff
is illiterateandhas'lnentalhealthissues."(Doc.no. I l, p. 2.) Notably,howe\/er,
Plaintiff
everyfiling submitted
underhis namein this case
signed
until the instant
objections.(See
the
doc.no. 1,pp. 10,11; doc.no.2, p. 2; doc.no.4;doc.no.9,p. 1.) Accordingly, Court
particularlyas they come from
is not persuaded theseunsubstantiated
by
allegations,
not
to
in
someone authorized act asPlaintiffs legalrepresentative this caseandhavenot
by
beenverifiedor authenticated Plaintiffhimself.

process occurs
that
whenlitigantlies abouttheexistence prior lawsuit),abrogated
ofa
on
grounds Jones Bock,549U.S.199(2007).
v.
other
by
the
Accordingly, Report Recommendation Magistrate
and
ofthe
Judge ADOPTED
is
is
as the opinionof the Cour1.Therefore, case DISMISSED withoutprejudiceas a
this
and
sanction abuse
for
ofthejudicial process, this civil actionis CLOSED.