Bush v. Scott et al

Filing 20

ORDER ADOPTING 17 Report and Recommendations, OVERRULING the objections, DENYING Plaintiff's motions for preliminary injunction, DENYING AS MOOT Plaintiff's motions to proceed without paying the initial filing fee, DISMISSING this case without prejudice as a sanction for Plaintiff's abuse of the judicial process, and CLOSING this case. Signed by Judge Dudley H. Bowen on 03/8/2017. (maa)

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FILED U.S. OISTFICT COURT s, IN THE UNITED STATES DISTRICT COURT altiistadiv. FOR THE SOUTHERN DISTRICT OF GEORGIA 201] MAR-8 PM 14:39 CLEI DUBLIN DIVISION WILLIAM RAYMOND BUSH, ) ) ) ) ) ) Plaintiff, C02 LARHONDA SCOTT,Disciplinary Report Investigating Officer; LT. STEPHAN FOSTER, Supervisor; SGT. HOLLOMAN, Supervisor; and JOHN INMAN,Deputy Warden of Security, CV 316-089 ) ) ) ) ) ) ) Defendants. ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 19.) Nothing in Plaintiffs objections undermines the Magistrate Judge's recommendation, and only one objection warrants further comment. First, Plaintiff repeatedly contends he does not have three strikes under the PLRA and therefore dismissal is improper. (See id. at 1-2.) However, the Magistrate Judge recommended dismissal based on Plaintiffs failure to disclose his prior filing history, not because Plaintiff had three strikes. (See doc. no. 17, p. 3.) Moreover, as the case law cited in the Report and Recommendation makes clear, failing to disclose prior filing history will not be tolerated, and the Eleventh Circuit has repeatedly approved of dismissing a case without prejudice as a sanction. (See id.) Therefore, Plaintiffs contention is meritless.

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