Crawford v. Hooks et al

Filing 11

ORDER adopting re 8 Report and Recommendations. Therefore, Plaintiff's complaint is dismissed without prejudice for failure to exhaust administrative remedies, and this civil action is closed. Signed by Judge Dudley H. Bowen on 4/23/14. (cmr)

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ROBERTEUGENECRAWFORD.
Plaintiff,

cv 314-008
et
BRAD HOOKS.Warden, al.,
Defendants.

ORDER

After a careful. de novo rcview of the file, the Court concurs with the Magistrate
("R&R"), to which objectionshave been filed (doc.
Judge'sReport and Recommendation
dismissalof Plaintiff s complaint for failure
no. l0). The MagistrateJudgerecommended
to exhaust administrative remediesprior to the commencementof his case becausehe
stated that he was curentl.v waiting on a responseto the "final appeal" of his formal
grievance.(Doc. no. 8, pp. 5-6.)
Faced w.ith the dismissalof his complaint. Plaintiff has now submitted objections
assertingthat he has, in fact, complied with the grievanceproceduresand fully exhausted
his administrative remedies. (Sgg doc. no. 10.) Plaintiff s unswom assertionsin his
in
objections directly contradict Plaintiff s repeatedstatements his complaint concerning
exhaustion.which were su'om under penalty of perjury. (Doc. no. 1, p. 4.) The Court
finds the unsworr allegationsin his objection to be without a factual basis and therelbre

2014 WL
frivolous.' See Sturdivantv. Choctau'Cnty.. Ala., CIV.A. 12-0681-CB-B,
in
289168,at*2n.2 (S.D.Ala. Jan.27,2014)(holdingthat unswornallegations amended
complaint that directly contradicted swom allegations in original complaint were
frivolous). Furthermore,nowheredoesPlaintiff assertin his objectionsthat he completed
prlor to filing his complaint. SeePoolev. Rich,312 F. App'x 165, 166 (11th
exhaustion
Cir. 2008) (per curiam) (holding that the Eleventh Circuit requiresprisonersto complete
the administrative process be/bre initiating suit).

Indeed" Plaintiffs

concessions

concerningthe statusofthe grievanceprocessin his complaint correlatewith the timeline
ofthe grievanceprocess,as he submittedhis complaint only a month and a half after the
allegedeventoccuned. (Seedoc.no. 1.)
Additionally, the Court deniesPlaintiffs requestto amendhis complaint "to show
complete exhaustion." (Doc. no. 10, p. 2.) A party is allowed to amend his pleading
once, as a matter of course,at any time before a responsivepleading is served. See Fed.
R. Civ. P. 15(a). However, allowing PlaintilT to amend his complaint here w{th
becausehe is faced with dismissal would circumvent
contradictory, unsworn statements
the Court's authority to manageits docket. Cl Brown v. Overstreet,CV 107-113,2008
WL 282689, at *2 n.2 (S.D. Ga. Jan. 30, 2008) ("[A]llowing Plaintiff to amend his
complaint to include the cases cited in the R&R at this time would circumvent the
Couft's ability to manage its docket by imposing sanctions for providing false
information about prior filing history."); see also Harris v. Warden, 498 F. App'x 962,

rPlaintiff points to GrievanceNumber 162500 to summarily asserl that he is in
but has not submitted
full compliance with the administrativeexhaustionrequirements"
(Doc. no. 10.p. l.)
with his objections.
this grievance

964-65 (11th Cir. 2012) (trter
curiam) (rejectingplaintiffs argument
that district court
his
abusedits discretionby dismissing complaintwithout prejudiceas a sanctionfor
his
of
before"allowinghim 'to correct'his failure to disclose
abuse thejudicial process
prior litigationhistory."). Plaintiff s request amend thusDENIED. (Doc.no. 10,p.
to
is
2.)
Accordingly, the Report and Recommendation the MagistrateJudge is
of
Plaintiff s complaint DISMISSED
is
ADOPTED asthe opinionof the Court. Therefore,
administrative
remedies, this civil actionis
without prejudicefor failure to exhaust
and
CLOSED.