Bosworth v. Hooks et al

Filing 42

ORDER denying 34 Motion, 3 Motion for Preliminary Injunction, and 41 Motion to Dismiss. Further, adopting Report and Recommendations re 37 Report and Recommendations. This case is dismissed without prejudice and this civil action is closed. Signed by Judge Dudley H. Bowen on 12/17/14. (cmr)

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IN THE UNITED STATESDISTRICTCOURT

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2
DISTRICTOF GEORGIA Zijlrt | 7 Pf1
FORTHE SOUTHERN
DUBLIN DIVISION

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iSTIF I]A
.

RICKMARTIN BOSWORTH.
Plaintifl

cv 314-063
Johnson
BRAD HOOKS,Warden,
Prison, al.,
et
State
Defendants.

ORDER
Judge's
with the Magistrate
After a careful,de novorcviewof the file, the Courtconcurs
have beenfiled. In lieu of objections,
to
Reportand Recommendation, which no objections
with Fed. R. Civ. P.
Plaintiff filed a motion to voluntarily dismissthis casein accordance
Magistrate
Judge.(Doc.no. 41.)
of
a1(a)(1) the recommendation the UnitedStates
and
in
but
Plaintiff originallyfiled this case the Middle District of Georgia, it wastransferred
when it becameclear that Plaintiff was complainingabout eventsthat had occuned in the
uponits arrivalin the
District. (Seedoc.no. 14.) Whenthe Courtfirst took up the case
Southem
that,pursuant the PrisonLitigationReformAct, "a
to
Dublin Division, Plaintiff was cautioned
prisonercannotbring a new civil action . . . in forma paltperisif the prisonerhas on threeor
while incarcerated,
broughta civil actionor appealin federalcourt that
more prior occasions,
or
because was ftivolous,malicious, failed to statea claim uponwhich relief
it
was dismissed
of
Plaintiff was given an
may be granted." (Doc. no. 24, p. 2.) Because theserequirements,

to
his
oppoftunityat that time to voluntarilydismiss casepursuant Fed R Civ. P. 41(a)(1)and
(Id.
28
to
not besubjected a "strike"under U.S.C.$ 1915(g). at 3-4.)
Plaintiff choseto proceedwith his case. The MagistrateJudgereviewedPlaintiff s
that
and
pleadings conformitywith the informapaupeni statute recommended Plaintiff s case
in
for
be dismissed failureto follow a courtorderandfailureto statea claim uponwhichrelief can
for
for
be granted. (Doc. no. 37.) A dismissal failure to statea claim, as well as a dismissal
v.
counts a strikeunder$ i915(g). Rivera Allin, 144F.3d719,
as
abuse
ofthe judicialprocess,
grounds Jones Bock,549U.S. 199(2007);
see
b1
v.
(1lth Cir. 1998),
on
abrogated other
730-31
now avoida strike
F.
alsoAllen v. Clark,266 App'x 815,817(11thCir.2008).Plaintiffcannot
by voluntarily dismissinghis case. As a result, the Coufi DENIES Plaintiffs motion to
his
voluntarily
dismiss case.(Doc.no.41.)
of
Accordingly,the Court ADOPTS the Reportand Recommendation the Magistrate
treatment
and to stay in the
Judgeas its opinion,DENIES Plaintiffs motionsfor emergency
and
Southem
District of Georgia,(doc. nos. 3, 34), DISMISSESthis casewithout prejudice,
CLOSESthis civil action.
this/
SOORDERED

at
Georgia.
alof December,2014,Augusta,