BENNETT v. MORALES et al

Filing 19

ORDER adopting 13 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 Judge Dudley H. Bowen on 3/25/13. (cmr)

ORIGIhIAL
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IN THE UNITED STATESDISTRICTCOURT

l,ll3
DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLIN DIVISION

LLLI(

BENNETT,
JOSEPH
Plaintiif,

cv 312-102
MORALES,DeputyWarden, al.,
et
Warden
Defendants.

ORDER

After a careful,de novoreviewof the file, the Courtconcurs
with the Magistrate
("R&R"), to whichobjections
ReportandRecommendation
havebeenfiled.r The
Judge's
Judgedetermined Plaintiff lied abouthis filing historyunderpenaltyof
that
Magistrate
perjury. As a result,he recommended this case dismissed
be
without prejudice a
that
as
(Doc.no. 13.)
sanction Plaintiffs abuse
for
ofthejudicial process.
falseinformation
In his objections,
Plaintiffdoes dispute heprovided
not
that
about
he
of
about
one
hisliling history, hestates hedid sobecause was"unsure" thedetails
but
that
rAfter the R&R was issuedon January7, 2013, Plaintiff filed a "Requestto
on
and
on
Magistrate
W.
to
Judge LeonBarflreld Reconsider his Report Recommendation"
a
January
18,2013(doc.no. 16),but alsorequested motionfor extension time to file
of
through includingMarch6,
and
Plaintiffan extension
objections.The Courtthusgranted
2013, to file any additionalobjections. (Doc. no. 17 p. 2.) Plaintiff timely filed a
,
these
Judge's
R&R. (Doc.no. 18.) Thus,theCourtconstrues
to
"Response" theMagistrate
to
two filings (doc.nos.16, l8) asPlaintiffs objections theR&R.
se,
set
TheCourtnotes Plaintiff,whois proceedingpro did not signhis second of
that
pro
to
objections.Both Fed.R. Civ. P. I 1(a)andLoc. R. I l I require se parties sign all
the
as
filings,however.
Still,because CourtfindsthatPlaintiffsobjections awholelackmerit
him
require to conectthis deficiency.
in anyevent, will not in this instance
it

ofhis prior lawsuits, he elected simplynot disclose at all. (See
so
to
it
doc.no. 16,pp. 2-3;
doc.no. 18,pp.4-5.) "Evenifhe couldnot recallthedetails
ofhis prior suits,"however,
initiatingsome oflegalproceedings
Plaintiff"certainly
wouldhaveremembered
sort
during
his incarceration, hewasobligated disclose facton his formcomplaint."Dunson
and
to
that
v. Georgia
Dep't.of Con.Health
Care
Servs.,
CV408-163,2009 136060, *2 (S.D.
WL
Ga.
at
20,
Plaintiffacknowledges hewasfully aware hehadfiled atleast
that
that
Jan. 2009).Here,
the
Districtof Georgia's 1983complaint
oneotherlawsuitwhenhe completed Southem
$
form, but he did not disclosethe existence that lawsuit. Plaintiff then signedthe
of
including falseinformation
complaint,
the
about filing history,
his
and, doingso,declared
by
thetruth of thecontents
underpenalty
ofperjury. (SeA
ofthe complaint
doc.no. 11,p. 25.)
In sum,Plaintiffclearlyprovided
falseinformation
abouthis filing history,andthe
process. Rivera A1lin,144F.3d71.9,
v.
Courtcannot
tolerate abuse
such
ofthejudicial
See
721-27(|1th Cir. 1998)(emphasizing
seriousness
ofabuseofjudicial process occurs
that
whenlitigant lies aboutthe existence prior lawsuit),abrogated othergroundsby
ofa
on
provides reason departing
Jones Bock,549U.S.199(2007).Plaintiffthus
v.
no
for
fromthe
conclusions forth in the R&R andhis obiections OVERRULED.TT
are
set
rPlaintiffalsoappears arguethat his allegations
qualifuhim for the "imminent
to
from
danger"exception the provisionof 28 U.S.C.$ 19i5(g) that prohibitsprisoners
to
ifthey havehadthreeor morecases
proceeding
pauperis("IFP") in civil actions
in.forma
or
a
doc.
or appeals
dismissed beingfiivolous,malicious, for failingto state claim. (See
for
the
Judge not recommend
did
dismissing
no. 18,pp. 1, 3.) Notably,however, Magistrate
Plaintiffs complaint
5(g).
under$ 191
rPlaintiffalsostates hisobjections hemailedamotionto amend complaint
his
in
that
(Doc.no.
the
on February
28,2013,sothathe can"correct defect"ofhis prior dishonesty.
p. a.) No suchmotionto amend beenreceived filing by theCourt,however.As
for
has
I 8,
as
for
ofthe
recommended
dismissal a sanction abuse
discussed
the
Judge
above, Magistrate

t

Accordiqgly, Report Recommendation MagistrateJudge
the
and
ofthe
is ADOPTED
this
is
asthe opinionof the Court. Therefore, case DISMISSED withoutprejudice a
as
lbr
of
and
sanction Plaintiff s abuse thejudicial process, this civil actionis CLOSED.

^/r

thiszl) dayof March,2013,at Augusta,
SO ORDERED
Georgia.

judicial process. Allowing Plaintiffto amendhis complaint to correcthis prior dishonesty
would thus "circumvent the Court's ability to manageits docketby imposing sanctionsfor
providing false information aboutprior filing history." Brown v. Overstreet,
CV 107-113,
*2 n.2 (S.D. Ga. Jan. 30, 2008). Accordingly, the Court would not
2008 WL 282689, at
allow Plaintiff to avoid dismissal by amendinghis complaint even if it had received his
motion to amend.