Riggins v. Womble et al

Filing 16

ORDER denying as moot 12 Motion; denying 13 14 and 15 Motion. Signed by Judge Dudley H. Bowen on 6/21/16. (cmr)

FILE0

U.S.DISTSiCT cot R-T
AUP'ISTA 91V.
IN THE UNITED STATES DISTRICT COURT FOR THE «».(■ |||(. ,,
SOUTHERN DISTRICT OF GEORGIA
iUlbJUN(^| flH IQ: 59
DUBLIN DIVISION

CLERK

-<D

Se.SlST.0FGA.
DARYL DEWAYNE RIGGINS,

*
*

Plaintiff,

*
*

CIVIL ACTION NO.

*

vs.

CV

315-085

*

FNU BAILEY,
Warden;

Nurse;

S.

EMMONS,

*

JAMES MICHAEL SEWARD,

*

M.D.; FNU STEVENSON, Nurse;
FNU WALKER, Nurse; FNU HALL,

*
*

Nurse; and FNU STRICKLAND,
Counselor,

*
*
*

Defendants.

*

ORDER

On December

28,

2015,

this

Court

dismissed Plaintiff

Daryl Dewayne Riggins' case brought pursuant to 42 U.S.C. §
1983

under

the

three-strikes

Litigation Reform Act ("PLRA") -

provision

of

the

Prison

(See Doc. Nos. 8 & 10. )

On

February 3, 2016, the Clerk received the following papers from
Plaintiff

for

filing:

(1)

a motion to

file

a new civil

complaint; (2) a motion for entry of default; (3) a motion to

compel; and (4) an "Application(s)

for a Certificate (s) of

Riggins Probable Cause(s) ."
The

motions

for

entry of

default

and

to

compel

are

premised on the false assumption that Plaintiff has a pending

civil case.

He does not.

on December 28, 2015.
this

case

as

the

This case was dismissed and closed

Because discovery did not take place in

issues

were

never

joined,

and

because

Plaintiff is not entitled to the production of any documents
in a closed case,
DENIED.

his motion to compel (doc.

no. 14) is

Further, because the Court dismissed the case, no

defendant was required to answer or otherwise defend this

lawsuit; Plaintiff's motion for entry of default (doc. no. 13)
is therefore DENIED.

With respect to Plaintiff's desire to file a new civil
complaint, the motion (doc. no. 12) is hereby DENIED AS MOOT.
Plaintiff does not need the permission of this Court to file
a new lawsuit; however, any new lawsuit will be subject to the
same three-strike provision of the PLRA.

Finally, Plaintiff's "Application(s) for a Certificate(s)

of Riggins Probable Cause(s)" appears to be a motion for an
extension

of

time

to

file

objections

Recommendation of December 4, 2016.

too late.

to

the

Report

and

This motion simply comes

Accordingly, the motion (doc. no. 15) is DENIED.

ORDER ENTERED at Augusta, Georgia, this _^^^^^ay of
June, 2016.

UNITED STATES DISTRICT J