Glenn v. Johnson State Prison et al

Filing 30

ORDER adopting 22 Report and Recommendations as the Court's opinion; denying 27 Motion Objecting to Dismissal; finding as moot 21 Motion my Mama Forgot to Pay $45.00 Initial Fee. This case is dismissed without prejudice as a sanction for Plaintiff's abuse of the judicial process and closes this civil action. Signed by Judge Dudley H. Bowen on 02/09/2018. (jlh)

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court AUGUS FA DiV. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN D STRICT OF GEORGIA DUBLIN D VISION 2018 FEB-9 PM3;00 CLERK SO. KENNETH GLENN, Plaintiff, V. JOHNSON STATE PRISON; MRS. K. WILLIAMS, Chief Counselor; MRS. WICKER HUMPHRIES, Counselor; SHAWN EMMONS, Warden; MRS.PRICE, Deputy Warden; MRS. BAKER, Counselor; JEFFREY WIGGINS, Sergeant; MR. O'NEAL, Unit Manager; GOVERNOR NATHAN DEAL; HOMER BRYSON, Commissioner GDC; GDC; MR. JEFFERSON CV 317-059 Deputy Warden of Security; MRS.PERRY, Mental Health Counselor; JOHN DOE, Johnson State Prison's Medical Provider; JSP MEDICAL DIRECTOR; MRS. ANDREWS-BODI, NA/PA; BRIAN DOE, Nurse; JSP PSYCHIATRIC PROVIDER; and JOHN DOE,JSP Psychiatric Provider's Director, 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. 27.) Plaintiff concedes he "forgot" to include his lawsuit against the Madison County Sheriffs Department but "beg[s] this Court's forgiveness" and asks the Court to excuse his mistake. (Id.) The Court declines to do so. The instructions in the complaint form are clear. They ask Plaintiff to "describe each lawsuit in the space below," and instruct Plaintiff that "[i]f there is more than one lawsuit, describe the additional lawsuits on another piece ofpaper, using the same outline." (Doc. no. 18, p. 1 (emphasis added).) Plaintiff listed two of his prior cases, but not Glenn v. Madison County Sheriffs Department et al.. CV 316-008(M.D. Ga. Oct. 26, 2015). (Id at 1-2.) Finally, 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 doc. no. 22, pp. 3-4.) In sum. Plaintiff abused the judicial process by providing dishonest information about his prior filing history. Nothing in these objections changes that fact. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES Plaintiffs Motion Objecting to Dismissal (doc. no. 27), DENIES AS MOOT Plaintiffs Motion My Mama Forgot to Pay $45.00 Initial Fee (doc. no. 21), DISMISSES this case without prejudice as a sanction for Plaintiffs abuse of the judicial process, and CLOSES this civil action. SO ORDERED this 2a day of February, 2018, at Augusta, Georgia. UNITED STATES DISTRICT JUDGE

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